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2026 DAILYLAW 31974 (CAL)

SMTI.AKTHARI BEGUM v. THE TEHSILDAR AND ANR

WPA/363/2026 · 2026-08-03

Partha Sarathi Sen

body2026

Judgment text

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1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/363/2026 Smt. Akthari Begum Vs. The Tehsildar and Anr. Ms. Nazneen … for the petitioner Ms. Babita Das … for the respondents August 3, 2026 [AKB] Item No.1 1. The writ petitioner and the respondent authorities are represented by the respective learned counsel. 2. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent authorities more specifically against the respondent No.2 authority commending him to consider the writ petitioner’s application dated 22.04.2026 for demarcation of her plot bearing survey No. 15 measuring an area of 1.3800 hects. situated at Mathura village under Tehsil Ferrargunj, South Andaman District particulars of which has been mentioned in paragraph 3 of the instant writ petition. 3. At the time of hearing, learned advocate appearing on behalf of the writ petitioner submits that on careful perusal of page No. 14 to 19 of the instant writ petition being the print out of the relevant Record of Right it would reveal that the name of the writ petitioner transpires in respect of the aforesaid survey No. 15 to the extent of 1.3800 hects. in the aforementioned village and in the aforementioned Tehsil. It is submitted that 2 from page 28 of the instant writ petition it would reveal that the writ petitioner has approached the respondent No. 1 authority with a request to demarcate her said portion of land but of no effect. 4. It is thus submitted on behalf of the writ petitioner that appropriate reliefs/relief may be granted to the writ petitioner in terms of the prayer made in the instant writ petition. 5. Per contra, Ms. Das learned advocate appearing on behalf of the respondent authorities submits before this Court that on receipt of the online application dated 22.04.2026 as submitted by writ petitioner, the respondent authority No. 1 issued public notice and soon thereafter on behalf of one C. Kumar one objection is received by him on 22.12.2025. It is further submitted that notice for demarcation has also been issued. 6. In view of such this Court while disposing instant writ petition directs the respondent No.1 authority to send a competent person from his office to the plot in question along with the survey map of the relevant survey and to cause a field verification after giving due notice to the writ petitioner and the other stakeholders, if thereby any. 7. The said deputed person shall submit a demarcation report before the respondent authority No.1 authority positively within 30 (thirty) working days from the date of communication of sever copy of this order. 8. On receipt of the said field verification report from the said deputed person, the respondent No.1 shall cause notice to 3 the writ petitioner and the other stakeholders, if there be any and shall provide copies of the demarcation report to them. 9. The respondent No.1 authority is further directed to consider the representation dated 22.04.2026 as submitted by the writ petitioner in light of the said demarcation report and after giving due opportunity of hearing to the writ petitioner and/or all other stakeholders shall pass a reasoned order and shall forthwith communicate the same to the writ petitioner and other stakeholders. 10. The entire exercise as indicated herein above is to be completed by the respondent No.1 authority within 45 (forty five) working days from the date of receipt of the demarcation report from the deputed person from his office. 11. The time limits as fixed by this Court are peremptory and mandatory. 12. It is further directed that in the event while passing the reasoned order the respondent No.1 finds sufficient merit in the representation dated 22.04.2026 as submitted by the writ petitioner, he is directed to take all consequential action soon thereafter. 13. With aforementioned observation WPA/363/2026 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 22.04.2026 as submitted by the writ petitioner. 4 15. 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.)