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2026 DAILYLAW 18592 (CAL)

SHRI.RAJESH KRISHNA AND ORS. v. THE LT.GOVERNOR AND ORS.

WPA/448/2025 · 2026-02-23

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Note:- Necessary correction is made as per the direction in the order dated 02.03.2026 passed in WPA/448/2025 IA No. CAN/1/2026 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/448/2025 Shri Rajesh Krishna and Others Vs. The Lt. Governor and Others Mr. Mohammed Sharukh … for the petitioners Ms. Babita Das … for the respondents February 23, 2026 [AKB] Item No.34 This instant writ petitioner has been filed by the writ petitioner seeking direction upon the respondents to issue an order of regularization of the land of the petitioners with respect of the excess land measuring an area 931 sq. mtrs. excluding 743 sq.mtrs. as mentioned in the existing Form F in favour of the petitioner in accordance with the scheme introduced by Government of India, Ministry of Home Affairs vide its letter dated 17.08.1978 and 15.07.2003 for regularization of excess land held by Pre-1942 and finally settle and to complete the process within a period of 15 days, and thereafter issue a revised Form F together with sketch map reflecting the regularized area (743 [recorded land] + 931 [excess land]) Sq.mtrs in favour of the petitioner. It is the specific case of the petitioner that he applied for regularization of the aforesaid land to the appropriate authority on 02.09.2024. The same is pending and under consideration of the appropriate authority. 2 Note:- Necessary correction is made as per the direction in the order dated 02.03.2026 passed in WPA/448/2025 IA No. CAN/1/2026 Learned counsel appearing on behalf of the respondents submits that this writ petition may be disposed of with a direction the appropriate authority to consider the representation in accordance with law after affording the opportunity of being heard to the petitioner. Since no affidavit has been filed and exchanged, it will be not useful to keep this writ petition pending. Considering the submissions made on behalf of the Petitioner and on perusal of the materials on record, it would serve purpose, if the respondent no.4 is directed to consider and decide upon the pending revenue case being FRA No. 09 of 2018 appended with the writ petition upon affording an opportunity of hearing to the writ petitioner and shall decide the same with a reasoned order strictly in accordance with law. The entire exercise, as directed above, shall be carried out and completed by the respondent no 4 positively within a period of four weeks from the date of communication of this order along with copy of writ petition. While considering the representation, the respondent no.4 shall consider all other documents annexed with the writ petition and their applicability in the case. It is made clear that this Court has not gone into the merits of the claim of the petitioner in any manner and the petitioner will be at liberty to urge whatever points he wishes to urge by relying upon whatever records and documents he wishes to rely upon before the respondent no.4 3 Note:- Necessary correction is made as per the direction in the order dated 02.03.2026 passed in WPA/448/2025 IA No. CAN/1/2026 It is made clear further that the respondent no.4 shall pass its reasoned decision in accordance with law independently without being influenced of any observation, whatsoever, made herein above. After the reasoned decision is arrived at by the respondent no.4, shall communicate the same to the petitioner positively within one week from the date of the said reasoned decision. On the above terms this writ petition, WPA 448 of 2025 stands disposed of, without any order as to costs. Since no affidavits exchanged or filed, all the allegations whatever made in the writ petitioner are deemed not to have been admitted by the respondents. All the parties shall act on the serve copy of this order duly downloaded from the official website of this Hon’ble Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties after observing all legal formalities. (Ajay Kumar Gupta, J.)