SMTI.BAKUL MALAKAR AND ORS. v. THE HONBLE LT.GOVERNOR AND ORS.
WPA/556/2025 · 2025-11-26
Rai Chattopadhyay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64597 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64597 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] ***
WPA/556/2025
Smt. Bakul Malakar and Others
Vs
The Hon’ble Lt. Governor and Others
Mr. Gopala Binnu Kumar
… for the petitioners
Mr. Rakesh Kumar
… for the respondents November 26, 2025
[AKB] Item No. 4
The original land owner (since deceased) has filed an application dated 25.08.2025 before the respondent authorities requesting for consideration of handing over to him of the physical possession of land bearing Survey No. 559 situated at Chouldhari village in terms of allotment order dated
13.03.1987. The applicant has alternatively prayed for allotment of land bearing Survey No. 82 situated at Badmas Pahar revene village under Ferrargunj Tehsil, South Andaman District, in the said representation.
The present petitioner is the wife of the deceased land owner, who seeks expeditious consideration and disposal of the prayer of her deceased husband vide letter dated 25.08.2025 and an order of this Court, to that effect.
Mr. Gopala Binnu Kumar, learned advocate appearing for the petitioner has argued that the order may be passed directing the respondent to consider and decide the above prayer of the deceased land owner within a time bound manner.
2
Mr. Rakesh Kumar, learned advocate appearing for the respondent has, however, raised objection for the reasons that the present petitioner is not the recorded owner of the concerned property, being the legal heir of the deceased land owner.
Having heard both of them, it is found proper to dispose of the present writ petition by directing respondent No.4/Deputy Commissioner, South Andaman District, to consider and dispose of the application dated 25.08.2025 by dint of a reasoned order. In doing so, he shall afford opportunity of hearing to the present petitioners as legal heirs of the deceased applicant.
He shall pass a reasoned order within a period of twelve weeks from the date of communication of copy of this order and supply a copy thereof to the present petitioners within one week from the date of his order.
With the above direction the writ petition is disposed of.
Parties to act on the server copy of this order downloaded from the official website of this Court.
(Rai Chattopadhyay, J.)