IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR] *** WPA/318/2024 J. Sasi Kumar Vs The Andaman and Nicobar Administration and others Mr. Arul Prasanth … for the petitioner Mr. V. D. Sivabalan Mr. Arun S. Kumar … for the respondents February 20, 2026 [AKB] Item No.3 This is the second round of litigation. In the first round of litigation the petitioner was not given opportunity of hearing and violated the principle of natural justice while imposing fine of Rs.16,00,000/- for alleged illegal mining. Therefore, the Coordinate Bench of this Court allowed the writ petitioner being WPA/974/2023 (Shri. J. Sasi Kumar vs. The Deputy Commissioner and another). In the said writ petition the Hon’ble Judge passed order as inter alia: The petitioner claims to be the recorded tenant of the plot in question and submits that he was granted quarrying permit by the Assistant Commissioner (Settlement) on October 09, 2020. By an order passed on 20th July, 2021, the Deputy Commissioner, South Andaman District, slapped a fine of Rs.16,00,000/- upon the petitioner on the allegation of illegal mining, without granting any opportunity of hearing to the petitioner. The petitioner filed an application before the authority on 30th August, 2021 seeking review of the penalty imposed upon him. The said application is yet to be considered. The petitioner prays for a direction upon the authority to consider the application at the earliest. The learned counsel for the respondents submits that the first respondent be directed to consider the application dated 30th August, 2021, in accordance with law. In view of the above, the writ petition is disposed of directing the first respondent to consider and dispose of the representation submitted by the petitioner dated 30th August, 2021 within four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law. 2 The decision taken by the authority shall be communicated to the petitioner within a week thereafter. The writ petition being WPA/974/2023 is accordingly disposed of. There shall, however, be no order as to costs. Since affidavit has not been invited, the allegations made in the writ petition are deemed not to have been admitted.” In pursuant to the said direction, the Deputy Commissioner, South Andaman District given opportunity of hearing to the petitioner and decide the case against the present petitioner and fully opined that the order issued vide RC No. 762/DC(SA)/2021/3409 dated 20.07.2021 for imposing of fine was for violation of Section 201 (6) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966. Hence, the prayer for review of order issued for imposing fine and to set him free from the penalty could not be exceeded. It is the specific case of the petitioner that whatever allegations made against the present petitioner for excavation of earth is not intentionally done during development of the land. The report of the Tehsildar was not handed over even on second hearing and the authorities have again violated the principle of natural justice. Therefore, the said impugned order is liable to be set aside. On the other hand, learned counsel appearing on behalf of the respondents submits a full-fledged hearing was given to the petitioner at the time of disposal of the review application in view of the judgement passed by the Coordinate Bench in WPA/974/2023 and final order has been passed by the Deputy Commissioner, South Andaman District on 29.05.2024 directing him to pay fine as aforesaid. 3 Writ Petitioner is not maintainable at this stage, when the appropriate authority passed the order imposing fine for illegal mining. Petitioner could challenge the impugned order before the appropriate appellate authority as per the Regulation, if the petitioner is being aggrieved by and dissatisfied with the order impugned. In the midst of dictating the aforesaid order by this Court, the learned counsel appearing on behalf of the petitioner himself came forward and seeks liberty to allow the petitioner to file appeal before the appropriate appellate authority subject to condonation of delay may be allowed to be condoned. On such prayer, let the writ petition be disposed of with a liberty to file an appeal under the provisions of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966, if so advised, within a week. Whatever delay occurred in filing the appeal would be considered by the appellate authorities independently and in accordance with. With the above direction the writ petition being WPA/318/2024 is disposed of. There shall be no order as to costs. Interim order if any, stands vacated Urgent photostat certified copy of this Judgment and Order, if applied for, is to be given as expeditiously to the parties on compliance of all legal formalities. (Ajay Kumar Gupta, J.)