RAMA MOORTHY v. THE DEPUTY COMMISSIONER AND ANOTHER
WPA/427/2026 · 2026-08-25
Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35186 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35186 (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/427/2026
Rama Moorthy
Vs
The Deputy Commissioner and Another
Mr. U. Partha Sarathi
… for the petitioner
Ms. Babita Das
… for the respondents August 25,2026 [SR] Item No.3
1. The petitioner prays for implementation of the order of eviction/removal of an unauthorized occupant from the government land in terms of the order dated 20.02.2026 passed by the Tehsildar in R.C.No.2503/TSVP/2023 under Regulation 104 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966.
2. On perusal of the order seeking implementation, it appears that the same was passed after a proceeding was initiated in response to a complaint received from one Shri Gyan Prakash Mishra.
3. The petitioner was neither the complainant nor anybody related to the complaint made which resulted in passing the
order of eviction.
4. Learned advocate for the petitioner submits that the petitioner is a resident of the locality and he has filed the writ petition only to set the law in motion.
5. Prayer has been made to direct the respondents to implement the order of eviction.
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6. Learned advocate representing the respondents opposes the prayer of the petitioner. It has been submitted that the writ petition, at the instance of the writ petitioner,will not be maintainable.
7. Upon hearing the parties and on perusal of the documents annexed to the writ petition, it appears that by the
order dated 20.02.2026, no right has been created in favour of the petitioner.
8. None of the fundamental or statutory right of the petitioner has been infringed for non-implementing the order dated 20.02.2026.
9. By the order dated 20.02.2026, direction was passed for evicting/removal of the unauthorized occupant from the government land.
10. It is for the authority which passed the order to ensure its compliance. The petitioner, being no way related to the case, claiming to be a resident of the locality, does not have a right to pray for implementation of the said order.
11. In view of the above, the prayer of the petitioner cannot be allowed.
12. The writ petition fails and is hereby dismissed.
13. All parties are directed to act on a server copy of this
order duly downloaded from the official website of this Court.
(Amrita Sinha, J. )