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2026 DAILYLAW 38165 (CAL)

HOBDIPUR CO OPERATIVE COCONUT FARMING SOCIETY LIMITED v. THE ANDAMAN AND NICOBAR ADMINISTRATION AND ANOTHER

WPA/430/2026 · 2026-09-02

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/430/2026 Hobdipur Cooperative Coconut Farming Society Limited Vs The Andaman and Nicobar Administration and Another Ms. G. Mini … for the petitioner Mr. V.D.Sivabalan Ms. Dipaniwta Halder … for the respondents September 2,2026 [SR] Item No.3 1. Learned advocate representing the respondents submits that a corrigendum will be issued by the Tehsildar to rectify the error in the impugned order dated 03.08.2026. 2. It is noticed that the impugned order was issued by invoking a repealed provision of law.If the order that is impugned in the instant writ petition is found to be non est in the eye law, the same cannot be cured by way of corrigendum. 3. In view of the above, the submission of the respondents seeking time to issue a corrigendum notice to cure the inherent defect in the original order cannot be accepted by this Court. 4. The order dated 03.08.2026 is ex facie bad in law and liable to be set aside. The same is, accordingly, set aside. 5. It has been brought to the notice of the Court that the representation filed by the petitioner praying for recording the subject plot of land as occupancy tenant is pending consideration for nearly two years. Three separate orders were passed by the authority which stood quashed by the Court. 2 6. The Tehsildar, Ferrargunj Tehsil, South Andaman is directed to reconsider the petitioner’s prayer for conferring occupancy right in respect of the subject plot of land strictly in accordance with law at the earliest but positively within a period of four weeks from the date of communication of this order. 7. The writ petition stands disposed of. There shall be no order as to costs. 8. 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. )