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2026 DAILYLAW 30364 (CAL)

SHRI.G.MOHAN AND ORS. v. THE DEPUTY COMMISSIONER AND ORS.

WPA/359/2026 · 2026-07-27

Partha Sarathi Sen

body2026

Judgment text

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IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/359/2026 Shri. G.Mohan and others Vs The Deputy Commissioner and others Mr. K.Vijay Kumar … for the petitioner Mrs. Babita Das … for the respondents July 27, 2026 [AKB] Item No.17 1. Parties to the instant writ petition are represented by their respective counsel. 2. By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ or writs against the respondent authorities, more specifically against the respondent No. 1 authority to subdivide the land in holding no. 3077 consisting of survey no. 103 measuring an area of 0.1000 hects., survey no. 197 area measuring 0.0100 hects. survey no. 243 area measuring 0.2900 hects., survey no. 55/2 area measuring 0.0643 hects. survey no. 55/1 area measuring 0.0857 hects., survey No.56 area measuring 0.0500 hects., survey No. 69 area measuring 0.0500 hects., survey no. 80 area measuring 0.3500 hects., survey no.90 area measuring 0.1100 hects., survey no. 98 area measuring 0.6900 hects., survey no. 99 area measuring 0.6100 hects. situated at village Bimblitan Village under Sri Vijayapuram Teshil amongst the writ petitioners along with other ancillary reliefs. 3. At the time of hearing the learned advocate appearing on behalf of the writ petitioners at the very outset draws attention 2 of this Court to page Nos. 28 to 34 of the instant writ petition being a copy of the Registered Deed of Settlement dated 16.10.2023 as has been executed by and between the writ petitioners in respect of the lands, particular of which have been mentioned in paragraph 4 of the instant writ petition. It is submitted that by the said Registered Deed of Settlement it was agreed by and between the writ petitioners as to which survey number of plot will be recorded in the name of which writ petitioners or in the alternative it has been agreed by and between the writ petitioners that they would record their respective names in respect of the respective survey numbers, particulars of which has been mentioned in the internal page no. 2 of the said Registered deed of Settlement. 4. It is submitted soon thereafter the writ petitioner approached the respondent No. 1 authority by submitting a representation dated 09.02.2026 requesting him to subdivide the aforementioned plots of land in terms of the said deed of settlement amongst the writ petitioners but as of now no steps have been taken by respondent No. 1 authority. 5. It is thus submitted that in view of such, appropriate relief or reliefs may be granted to the writ petitioner in terms of the prayers made to the instant writ petition. 6. Ms. Das, learned advocate appearing on behalf of the respondents authorities in her usual fairness submits before this Court that the respondent No. 1 authority may be directed to consider the representation dated 09.02.2026 as submitted by writ petitioner in accordance with law. 3 7. In view of such this Court will disposing of the instant writ petition directs to the respondent No. 1 authority to consider the representation dated 09.02.2026 in the light of the Registered Deed of Settlement dated 16.10.2023 as has been executed by and between the present writ petitioners in accordance with law and after giving due opportunity of hearing to the writ petitioner and/or any other stake holders and/or their authorized representatives, shall pass a reasoned order and shall forthwith communicate the same to the writ petitioners. 8. The entire exercise as indicated for the forgoing paragraph is to be completed within sixty (60) working days from the date of communication of the server copy of this order together with a copy of the said representation dated 09.02.2026 along with a copy of the aforementioned Registered Deed of Settlement dated 16.10.2026. 9. The time limit as fixed by this Court are peremptory and mandatory. 10. With the aforementioned observation WPA/359/2026 is disposed of. 11. Before parting with it however is made clear that while disposing the instant writ petition this Court has not gone into the merits of the instant writ petition as well as the said representation dated 09.02.2026 and thus all points are kept open for adjudication by the respondent No. 1 authority. 4 12. Since affidavits have not been called for the allegations made in the instant writ petition, if there be any are deemed to have been denied. 13. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis on compliance of all legal formalities. (Partha Sarathi Sen, J.)