Dharam Raj v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/1027/2023 Dharam Raj Vs.

The Tehsildar and another Mr. K.Sabir ... for the petitioner Mr. V.D.Sivabalan ... for the respondent Mr. A.Venkatesh ... for the private respondent February 8, 2024 [SR] Item No.4 The petitioner seeks setting aside of an order passed by the Tehsildar, Port Blair dated 21st November, 2023. By the said order, the Tehsildar directed the 'private respondent' (writ petitioner before this Court) to remove the illegal occupation over the subject land bearing Survey No.5-A/1/7 situated at Haddo Village.

The Tehsildar also found that the said land was recorded in favour of the 'writ petitioner' before the Tehsildar (the private respondent herein).

The impugned order has a back-story. There was an earlier order dated 29.03.2023 passed by the Tehsildar, Port Blair pursuant to an order passed by the High Court on 25th March, 2019 directing the Tehsildar to pass a final order after giving appropriate notice to the private respondents and the writ petitioner. The private respondent is the writ petitioner in the present proceedings.

By this order, the Tehsildar directed the petitioner to remove the illegal occupation committed over the survey no.5A/1/7 situated at Haddo which was found to be recorded in

favour of the private respondent before this Court. The petitioner was to remove the illegal construction by 2nd April, 2023. This order indicates that the petitioner was heard before the Tehsildar.

The impugned order dated 21st November, 2023, which is under challenge in this writ petition, is a virtual reproduction of the earlier order dated 29.03.2023 passed by the same authority. The Court has also seen the order passed by the Coordinate Bench on 24th August, 2023 in the writ petition filed by the private respondent whereby the Tehsildar was directed to take steps for implementing the order dated 29th March, 2023, upon giving the opportunity to private respondent (petitioner before this Court) to remove the illegal occupation over the subject land. The Court also found that a Title Suit relied upon by the writ petitioner before that Court, was unconnected with the subject matter of the writ petition filed by the private respondent.

From the above facts, it is clear that the impugned order is on the form of implementation of the earlier order dated 29th March, 2023 and was passed in pursuance of the direction of the Coordinate Bench of the High Court.

Significantly, the petitioner did not challenge the parent order of 29th March, 2023, despite participating in the proceeding before the Tehsildar. Hence, the petitioner cannot approach the Court now to seek stay of the later order impugned in this proceedings, namely the order of 21st November, 2023,

Regulation 29(1)(a) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 provides for an appeal before the Sub Divisional Officer. Regulation 30(a) however stipulates a limitation period of 45 days from the date of the order appealed against.

In the present case, the petitioner crossed the limitation period in May, 2023. The present writ petition was filed in November, 2023.

This Court hence finds no scope for interference. WPA/1027/2023 is accordingly dismissed without any order as to costs.

Parties to act on a server copy of this order duly downloaded from the official website of the Hon'ble High Court at Calcutta ( Moushumi Bhattacharya, J. )