Rajesh Chander v. The Chief Secretary And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/44/2023 Rajesh Chander Vs.

The Chief Secretary and others Mr. KMB Jayapal ... for the applicant Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents January 11, 2024 [SR] Item No.14 The appellant has challenged an order passed by a learned Single Judge dated November 22, 2023, on the ground that His Lordship had failed to set aside the order issued by the Tehsildar, Port Blair Tehsil dated October 24, 2016 passed in RC No.2686/TPB/2016, The Tehsildar recorded that the petitioner had surrendered a portion of the land. We find from the order passed by His Lordship, that His Lordship had directed demarcation of the land in occupation of the petitioner, from the land allegedly surrendered by the petitioner in respect of survey No.82/2/3.

Mr. Jayapal, submits that the writ petition was filed praying for cancellation of the order passed by the Tehsildar dated October 24, 2016, and not for demarcation of the surrendered land from the land which was being held by the petitioner.

According to Mr. Jayapal, the order has been passed without considering the prayer and the pleadings. We find from the order of His Lordship, that the factum of surrender was accepted by His Lordship. Although, the writ petition deals with a dispute with regard to such surrender

and an order for setting aside the decision of the Tehsildar, by which the Tehsildar recorded the factum of such surrender, had been prayed for, such factual aspects were not taken into consideration. The order impugned has been passed, directing implementation of the order dated October 24, 2016, which had actually been challenged by the petitioner. This Court is of the view that the order impugned should be set aside and the matter should be remanded for an adjudication, afresh.

Accordingly, the appeal is allowed. The order impugned is set aside. The matter is remanded before the learned court for a fresh decision on the issues involved.

As affidavits have not been exchanged, the respondents are at liberty to file their affidavit-in-opposition to the writ petitioner within four weeks from date; reply thereto, if any, be filed within two weeks thereafter.

Let the writ petition appear before the next available Circuit Bench, after expiry of the aforementioned period. ( Shampa Sarkar, J. ) ( Tirthankar Ghosh, J. )