P.L.Balu vs Lieutenant Governor And Others

Subhasis Dasgupta, J

By filing this writ petition, a mandamus has been sought for commanding State Administration/respondents to settle a piece of land in favour of writ petitioner for his long and un-interrupted possession with due knowledge of respondents authority after describing the action undertaken by respondents to be violative of Regulation 202 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966.

The writ petitioner filed a representation dated 20th October, 2018 to the Deputy Commissioner, South Andaman District, Port Blair seeking settlement of land after necessary regularization of process under the law in his favour, the description of which has been specifically mentioned therein, vide annexure P.4 to this writ petition.

It is the case of the writ petitioner that by a No Objection Certificate dated 20th December, 1993, issued by the Tehsildar, Ferrargunj, the writ petitioner has been possessing 200 sq.mtrs of land under Sy.No.3/5 situated at Kalatang Village under Ferrargunj Tehsil by constructing a hut therein spending required expenses therefor. The land, according to the petitioner, is not forest area. Such possession of writ petitioner over the scheduled land is with the knowledge of respondents/Administration.

Learned advocate for the writ petitioner contends that, without issuing any notice, as contemplated under Regulation 202 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, the respondents/State Administration has attempted to interfere with the peaceful possession of the writ petitioner by causing damage to a small portion of his house property so as to oust him from his possession. Somehow the writ petitioner resisted the illegal activity of the respondents/State Administration.

The attention of this Court is drawn to the Regulation 147 by the learned advocate for the writ petitioner, while proposing that the State Administration/respondents may be directed to make strict adherence to the Regulation 147 read with Regulation 146 for settlement of the land in favour of the petitioner by issuing appropriate licence for the purpose for the period as stipulated therein.

It is further contended by the writ petitioner that any action violative of Regulation 202 is unwarranted and cannot be allowed to sustain, particularly when the writ petitioner already made a representation on 20th October 2018 seeking settlement of the land in his favour.

Learned advocate representing the State Administration/respondents strongly denies the allegation, as raised by the petitioner, contending that the writ petitioner, in the meantime, may have been ousted from the land, over which he has claimed his possessory right. For restoration of possession, the writ petitioner ought to have approached the Civil Court for appropriate remedy instead of filing the writ petition. Without filing affidavit, learned advocate representing the state strongly denies the averments contained in the writ petition.

The point is very short to be addressed by this Court is whether any notice is required to be issued before taking any action in terms of Regulation 202 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, or not. Issuance of a notice upon a person in possession of land is the mandate of Regulation 202, and for any infraction of such statutory mandate, writ of mandamus will lie, while ensuring the principle of Natural Justice. Though the writ petitioner has sought for a mandamus directing the respondents/State Administration to restore/settle possession of scheduled land to petitioner but, this Court is of the view that the purpose of justice will be best served, if writ petition is disposed of giving a suitable direction therefor.

Accordingly the State Administration/respondents, particularly the respondent no.2, is directed to consider the representation of the writ petitioner, dated 20th October, 2018 in terms of the No Objection Certificate dated 20th December, 1983, issued by the concerned Tehsildar permitting the petitioner to possess 200 sq.mtrs of land under Sy.No.3/5 situated at Kalatang under Ferrargunj Tehsil, and pass a reasoned order within six weeks from the date of communication of this order giving opportunity of hearing to writ petitioner of this case in accordance with law.

Pending decision of the representation, submitted by the writ petitioner, dated 20th October, 2018, the possession of the writ petitioner, if any, over the scheduled land, should not be disturbed.

The writ petition is thus disposed. No order as to costs.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities.