1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/447/2025 Smt Soni Lall and others Vs. The Lieutenant Governor and others Mr. Mohammed Tabraiz … for the petitioners Ms. Babita Das … for the respondents August 07, 2026 [SR] Item no.14 1. The petitioners claim to be descendants legal heirs of the original settlers (Pre-1942) of land in Haddo Vilalge, South Andaman under Survey No.69. They claim the benefit of a scheme proposed by the Ministry of Home Affairs dated 15.07.2003. 2. Upon being approached, the Deputy Commissioner, South Andaman District refused to regularise the land and settle the same in favaour of the predecessor-in-interest of the petitioners. 3. By an order dated 31.01.2014 passed in WPA/744/2012, a Coordinate Bench set aside the order’s of the Deputy Commissioner, South Andaman dated 24.05.2012. 4. The Deputy Commissioner was directed to reconsider the possession and based on the representation submitted by the petitioners after following the principles of natural justice. Upon failure of the Deputy Commissioner to act in accordance with the aforesaid direction, a further writ petition was moved by the predecessor-in-interest of the petitioners being WPA/306/2015. The said writ petition was disposed of by a Coordinate Bench 2 on11.03.2016 directing the Deputy Commissioner to expeditiously dispose of the petitioner’s representation. 5. The Deputy Commissioner, by an order dated 05.12.2016 once again rejected the claims of the writ petitioners. A statutory appeal was carried by the predecessor-in-interest under regulation 28 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, before the Secretary (Revenue). 6. The Secretary (Revenue), A & N Administration set aside the order of the Deputy Commissioner, South Andaman dated 05.12.2026 and 27.12.2017 directing fresh consideration of the regularisation of the land in favour of the writ petitioners herein, at survey no.69 of Haddo Village. 7. Since then, despite representations having been made, the Deputy Commissioner, South Andaman has remained silent and has not acted in terms of the order of the Secretary (Revenue) (supra). This Court is of the view that the conduct of the Deputy Commissioner, South Andaman in rejecting the case of the petitioner and refusing to follow the direction of his superior being Secretary (Revenue) is wholly undesirable and may amount to misconduct within the service rules applicable to him. 8. This Court, therefore, directs the appointing authority of the Deputy Commissioner, South Andaman to enquire into his refusal to comply with the directions of the Secretary (Revenue) dated 30.06.2023 till date and draw up necessary proceedings in accordance with law and applicable rules. 9. In the meantime, however, the Deputy Commissioner, South Andaman shall not be prevented from disposing of re- 3 consideration of the case of the applicants in terms of the directions of the Secretary (Revenue) referred to herein above. 10. Such consideration must be effected mandatorily and positively within a period of 45 days from the date of communication of copy of this order. 11. Let a copy of this order be served by the petitioner on the Lieutenant Governor, A & N Islands and the Secretary (Revenue), A & N Administration for necessary action and compliance thereof. 12. Let a copy of the order also be sent to the Deputy Commissioner, South Andaman for necessary action. 13. With the aforesaid observations, WPA/447/2025 stands disposed of. There shall be no order as to costs. 14. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. ( Rajasekhar Mantha, J. )