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2025 DAILYLAW 54700 (CAL)

SMTI.KURSHID BEGUM v. THE ANDAMAN AND NICOBAR ADMINISTRATION AND ANR

WPA/188/2025 · 2025-04-08

Tapabrata Chakraborty

body2025

Judgment text

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19.09.2025 Item No.2 Court No.11 KCP via Video Conference In the high Court at Calcutta Circuit Bench at Port Blair CPAN 37 of 2025 in WPA 188 of 2025 Smti Kurshid Begum - Versus - Shri Thomas Vargheese Ms. G. Mini …for the petitioner Ms. Babita Das …for the alleged contemnor Ms. Mini, learned advocate appearing for the petitioner submits that when the matter was last taken up for hearing on 22nd August, 2025, Ms. Das, learned advocate appearing for the alleged contemnor handed over a report of the Tehsildar dated 22nd January, 2025. Prior thereto, an affidavit-of-compliance filed on behalf of SDO, South Andaman district, was also served upon Ms. Mini. On 22nd August, 2025, Ms. Mini prayed for leave to use an exception to the affidavit-of- compliance. Such leave was granted and the petitioner has filed an exception. Drawing the attention of this Court to the materials on record, Ms. Mini submits that the report dated 22nd January, 2025 is a report purportedly prepared prior to disposal of the writ petition on 8th April, 2025 and that 2 on the basis of the same, the SDO could not have passed the order dated 21st July, 2025, as annexed to the affidavit-of-compliance. Ms. Das, learned advocate, however, submits that the concerned Tehsildar demarcated the land upon serving notice to the concerned parties and by fixing a date on 6th May, 2025 and on the basis of such demarcation on 6th May, 2025, the SDO passed the order on 22nd July, 2025. She is, however, not in a position to place before this Court the report prepared by the Tehsildar on the basis of the demarcation as fixed on 6th May, 2025. She, accordingly, prays for leave to file an affidavit- of-compliance on behalf of the Tehsildar, who is the alleged contemnor in the present contempt application. Let such affidavit-of-compliance be filed by 20th October, 2025. Exception thereto, if any, be filed by the petitioner by 3rd November, 2025. List the matter for further consideration in the daily supplementary list of this Court on 14th November, 2025. (Tapabrata Chakraborty, J.)