Writ petition regarding land demarcation and excavation halted before disposition, with order directing Tehsildar to resolve dispute.
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IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ]
…
WPA 957/2022
Smti. Banaspathi … Petitioner Vs. The Andaman & Nicobar Administration and Ors. … Respondents Mr. K. Vijay Kumar …for the Petitioner
December 22, 2022 [MAM] Item No.1
This Writ application has been filed with the following
substantive prayers:-
ii. A Writ and/or Writs do Issue in the Nature of Mandamus Commanding the Respondent authorities more particularly the Respondent no.3 (The Tehsildar, Port Blair Tehsil, Port Blair) to hold and conduct demarcation of License Land bearing Survey/Plot No.1/181 measuring area 1.2050 Hectares situated at Garacharma revenue Village(Attom Hill), under Port Blair Tehsil, District of South Andaman strictly in accordance with law by restoring the quantum of subject land from Unauthorized possession of respondent No.4 herein.
iii. Interim order restraining the respondent authorities including respondent no.4 from proceeding and continuing with Impugned excavation of earth and/or from raising any construction of building and any kind of structure including black top road over the License Land bearing Survey/Plot No.1/181 measuring area 1.2050 Hectares situated at Garacharma revenue Village(Attom Hill), under Port Blair Tehsil, District of South Andaman till disposal of Writ petition.
It is the case of the petitioner that land was allotted in favour of the petitioner by a license to occupy agricultural land and license came into effect on and from 13th November, 1996 and from then on the petitioner is in possession of the land-in-question by paying rent thereof and her name has appeared in the record of holding register.
It is alleged that all on a sudden on 7th December, 2022 he came to know about excavation of her land for construction of road/Motorable road at the instance of APWD South Andaman Division, meaning thereby he was dispossessed from his land. Being aggrieved with that act on the part of the Executive Engineer, APWD, he moved before the Tehsildar, Port Blair who took cognizance of the
matter and fixed the date for hearing of both sides on 19th December, 2022.
Learned Advocate appearing on behalf of the petitioner submitted that nothing was happened on 19.12.2022 and necessary direction is sought for.
Admittedly, the dispute has already been taken care of by the Tehsildar, Port Blair and at this stage I find it appropriate to pass an order requesting the Tehsildar, Port Blair Tehsil to dispose of the dispute in connection with R.C No.2258/TPB/2022 as expeditiously as possible preferably within a month.
With the aforesaid observation and order the Writ Petition stands disposed of.
(Bibhas Ranjan De, J.)
Smti. Banaspathi
The Andaman & Nicobar Administration and Ors.
Bibhas Ranjan De
As recorded by the court registry
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