SHRI. KAMAL KUMAR DAS AND ORS. v. THE DEPUTY COMMISSIONER AND ORS.
WPA/368/2026 · 2026-07-28
Partha Sarathi Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31412 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31412 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] ***
WPA/368/2026
Shri Kamal Kumar Das and Ors. Vs. The Deputy Commissioner and Ors. Mr. Gopala Binnu Kumar
Ms. Vinita Devi
… for the petitioners
Ms. Babita Das
… for the respondents
July 28, 2026 [AKB] Item No.3
1. The writ petitioners and the respondents i.e. the officials of the South Andaman District are represented by the respective learned counsel. 2. By filing the instant writ petition, the writ petitioner has prayed for issuance of the appropriate writ/writs against the respondent authorities more specifically against the respondent No.1 authority commanding him to dispose of the representation dated 06.03.2026 as submitted by the writ petitioners with him, a copy of which has been annexed at page No.37 to 39 of the instant writ petition. 3. At the time of hearing, Ms. Vinita Devi, learned advocate and duly lead by Mr. Gopala Binnu Kumar appearing on behalf of the writ petitioner submits before this Court that it is the specific case of the writ petitioner that the present writ petitioner were the owners of the plot of land being survey No. 144/2 situated at Pahargaon village, Port Blair Tehsil, South Andaman District by way of purchase. 2
4. It is submitted by Ms. Vinita Devi that it is the further case of the writ petitioner that the respondent authorities have acquired the said plot of land of the writ petitioners and in view thereof the respondent authorities have decided to allot an alternative land to the writ petitioners being the plot of land bearing Survey No.191/1 in Garacharma village, Port Blair Tehsil. 5. In her next fold of submission Ms. Vinita Devi submits before this Court that it is the further case of the writ petitioners that subsequently it was noticed that the said plot bearing survey No.191/1 is occupied by the some other persons and then the respondent authorities have decided to allot another plot of land bearing Survey No.1/505 having an area of 0.3332 hects. situated at Garacharma village, Port Blair Tehsil particulars of which have been mentioned in paragraph No. 11 of the instant writ petition. 6.
It is submitted that despite identification of the said plot of land bearing Survey No.1/505 the respondent authorities have taken no positive steps for allotment of the said plot of land bearing Survey No.1/505 and the physical possession of the said plot of land was not given to the writ petitioners which prompted the writ petitioners to approach the respondent No.1 authority to submit a representation dated 06.03.2026 which is also not considered by the said respondent No.1 authority as yet. 3
7. It is thus submitted by Ms. Vinita Devi that appropriate relief/reliefs may be granted to the writ petitioners in terms of the prayers made in the writ petition. 8. Ms. Babita Das, learned advocate appearing on behalf of the respondent authorities in her usual fairness submits before this Court that the respondent No.1 authority may be directed to consider the representation dated 06.03.2026 as submitted by the writ petitioner in accordance with law. 9. In view of such, this Court while disposing the instant writ petition, directs the respondent No.1 to consider the representation dated 06.03.2026 of the writ petitioner in accordance with law and after giving an opportunity of hearing to writ petitioners and/or their authorized representative, shall pass a reasoned order and shall forthwith communicate the same to the writ petitioners soon thereafter. 10. The entire exercise as indicated in the foregoing paragraph is to be completed by the respondent No.1 authority positively within 45 (forty five) working days from the date of communication of the server copy of this order. 11. Liberty is given to the learned advocate on record for the writ petitioners to communicate the server copy of this order to the respondent No.1 authority who is directed to act on the server copy of this order. 12.
Before parting with, it is further directed that in the event while passing the reasoned order the respondent No.1 authority finds sufficient merit in the representation dated 06.03.2026, he is directed to take all consequential steps soon thereafter. 4
13. With the aforementioned observations the instant writ petition is disposed of. 14. Before parting with it is however made clear that while disposing the instant writ petition, this Court has not gone into the merit of the representation dated 06.03.2026 and thus all points are kept open for the adjudication by the respondents. 15. Since affidavits have not been called for the allegations made in the instant writ petition are deemed to have been denied. 16. 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.)