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2026 DAILYLAW 3495 (CAL)

SHRI.GYAN KISHEN v. THE ANDAMAN AND NICOBAR ADMINISTRATION AND ORS.

WPA/18/2026 · 2026-02-05

Apurba Sinha Ray

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/18/2026 Shri Gyan Kishen Vs The Andaman and Nicobar Administration and Others Mr. K. M. B. Jayapal … for the petitioner Mr. Rakesh Kumar … for the respondents February 05, 2026 [AKB] Item No.12 The learned counsel for the writ petitioner has submitted that Administration has no authority to seal his premises and cannot restrain him from using his one storied premises. The learned counsel has drawn the attention of this Court to the provisional sealing order dated 02.12.2025 and also a notice dated 04.12.2025 intimating the general public that the building on Survey No. 244/P at Prothrapur village is being constructed unauthorisedly and the same is sealed on 04.12.2025 and owners of the said premises, his representatives, labours, contractors and general public are refrained to enter/trespass the sealed premises. According to Mr. KMB Jayapal the authority has no such power in the regulation, hence the said provisional sealing order and the notice dated 04.12.2025 have no legal force. The learned counsel appearing for the Administration Mr. Rakesh Kumar has categorically stated that the petitioner was constructing an unauthorized building without any sanction plan. However, in his usual fairness he has submitted that the Administration can withdraw the sealing order provided the 2 petitioner do not carry out any construction in the said land without sanctioned building plan. The Administration is ready to give him hearing on the basis of any representation made by him. In view of the above, I direct the writ petitioner to submit a detailed representation before the concerned officer for his proposed construction in the premises for consideration by the Administration and he shall not carry out any construction work without the sanctioned plan issued by the competent authority. Accordingly, the sealing order dated 02.12.2025 and the notice dated 04.12.2025 are hereby quashed with immediate effect. With this direction the WPA/18/2026 is, thus, disposed of. As the affidavits have not have been invited, the allegations made in the writ petition are deemed not to have been admitted. (Apurba Sinha Ray, J.)