1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/477/2025 Shri Shankar Mistry and others Vs. The Deputy Commissioner and others Ms. Anjili Nag, Ld. Senior Adv Ms. Sohini Biswas Mr. Adarsh Ilango … for the petitioners Mr. Rakesh Kumar … for the respondents November 03, 2025 [SR] Item No. 12 The circular dated August 01, 2022, issued by the Assistant Commissioner with the approval of the Deputy Commissioner, South Andaman District is under challenge before the Court. Ms. Anjili Nag, learned senior advocate submits that the circular is a product of arbitrariness, inasmuch as, only the Bharatpur beach was singled down. Moreover, the direction that the ticket counter should be manned and managed by the boat owners would give rise to unfair competition. There is every chance of clash amongst the boat owners. The method of rostering by allotment of serial numbers in a chronological manner, as per the date of registration of the boat also smacks of arbitrariness, inasmuch as, only because the boat was registered on a earlier date, that should not be the basis for allotting a prior serial number, to the disadvantage of the boat owners who were allotted the registration later. If such 2 procedure was allowed, then younger boat owners who had got their registration later, will be deprived of their livelihood. Mr. Rakesh Kumar, learned advocate appearing for the respondents submits that the circular was issued by the licensing authority to safeguard the interest of the tourist and to avoid overcrowding in the boats. This submission is from the bar and the circular does not specify the reasons as to why the same was issued, save and except that, overcrowding in the jetty must be avoided. In my view, the circular is vague without any basis and does not clarify the reasons why the Bharatpur beach had been singled out. If the authorities want to regulate and enforce discipline in the operation of the vessel/boat from the beaches and jetties, in the islands, a proper system/regulation/rules have to brought in place which shall be made universally applicable. The security and safety of the passengers and a smooth operation of the vessels should be of primary importance. The management has to be on regular manner and discipline has to be instilled. The operation of the circular is kept in abeyance, till proper rules or regulations are framed by authority. Needless to mention that, the boat owners shall ensure safety of the passenger. They shall not carry passengers beyond their capacity. In the event there are excess passengers on a particular boat, one trip has to be completed and then the next set of passengers shall be taken. 3 The circular is not happily worded and does not make any sense and lacks clarity as to what actually the authorities wanted to intend and what system the boat owners were to follow while taking their passengers. The writ petition is disposed of accordingly. Parties to act in terms of the server copy of this order downloaded from the website of this Hon’ble Court. ( Shampa Sarkar, J. )