K. RAJENDRAN AND OTHERS v. THE DEPUTY COMMISSIONER AND OTHERS
WPA/377/2026 · 2026-08-03
Partha Sarathi Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31972 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31972 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] ***
WPA/377/2026
K.Rajendran and Others
Vs. The Deputy Commissioner and Others
Mr. K. Vijay Kumar
… for the petitioners
Mr. Arun S.Kumar Ms. Kavita Devi
… for the respondents August 3, 2026 [AKB] Item No.2
1. The writ petitioners and the respondent authorities are represented by their respective counsel. 2. By filing the instant writ petition the writ petitioners has prayed for issuance of appropriate writ/writs against the respondents authorities, more superficially, against the respondent No.1 authority commanding him to subdivide the land bearing survey No. 45/2/8 at Bimblitan village under Sri Vijaya Puram Tehsil, District South Andaman amongst the writ petitioners according to their proportionate shares. 3. To substantiate the contention of the petitioners the learned advocate for the petitioners at the very outset took me to page No. 24 to 27 of the instant writ petition being a copy of the order dated 20.01.2021 whereby and whereunder in a similar situation the respondent No.1 authority sub divided portions of the survey No. 45/2 amongst 7 co-tenants. It is submitted that from the said order dated 20.01.2021 it would reveal that in respect of survey No. 45/2/8 the names of the
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writ petitioners are transpiring in serial numbers 8 (6), 8 (7), 8(11) and 8 (29) as co-tenants. 4. It is submitted that being the co-tenants of the said survey No. 45/2/8 the writ petitioners approached the respondent No.1 authority by submitting a representation dated 09.01.2026 with a request to sub divide the said survey No. 42/2/8 according to their respective shares but no steps have been taken by respondent No.1 authority, though as per citizens’ charter sub division of land is to be carried out by the Administration within sixty days. 5. It is further submitted that despite issuance of a reminder dated 20.04.2026 no steps have been taken by respondent No.1 authority. 6. Learned advocate appearing on behalf of the respondent authorities submits before this Court that the writ petitioners may be directed to submit all relevant documents with the respondent No.1 authority and the respondent No.1 authority may be directed to consider the representation/application for subdivision dated 09.01.2026 in accordance with law. 7.
In view of such this Court while disposing of the instant writ petition directs the respondent No.1 authority to give notice of hearing to the writ petitioners pursuant to their representation dated 09.01.2026 and in such notice he is
directed to inform the writ petitioners to bring all necessary documents before him for effective adjudication of the representation/joint application dated 09.01.2026.
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8. On the schedule day and hour as would be fixed by respondent No.1 authority the writ petitioners and/or their authorized representative shall appear before the respondent No.1 authority and respondent No. 1 authority is directed to consider the representation/joint application dated 09.01.2026 in accordance with law after considering the documents as would be filed by the writ petitioners and forth with communicate his decision by way of reasoned order to the writ petitioners.
9. The entire exercise is to be completed by the respondent No.1 authority positively within 45 (forty five) working days from the date of communication of server copy of this order.
10. The time limit as filed by this Court is peremptory and mandatory.
11. It is further directed that in the event while disposing the representation dated 09.01.2026 as submitted by the writ petitioners by passing a reasoned order, the respondent authority No.1 authority finds sufficient merit in the representation/joint application to the writ petitioners dated 09.01.2026 he is directed to take all consequential action soon thereafter.
12. With the aforementioned observation WPA/377/2026 is
disposed of.
13. Before parting with it is, however, made clear that the while disposing the instant writ petition this Court has not gone in the merits of the representation/ joint application dated 09.01.2026 as submitted by the writ petitioners and thus all
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points are kept open for adjudication by the respondent No.1 authority.
14. Since affidavits have not been called for the allegations made in the instant writ petition are deemed to have been denied.
( Partha Sarathi Sen, J. )