1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/479/2026 B. Madhva Rao Vs. The Sub Divisional Magistrate and others Mr. K. Mohammed Sheheer … for the petitioner Ms. Babita Das … for the respondents September 29, 2026 [SR] Item No.1 1. It is the grievance of the writ petitioner that his name has been deleted from the revenue records and the name of respondent no.5 has been mutated against his lands. 2. It is the case of the writ petitioner that the mutation was effected pursuant to the decree passed by the Civil Court in Other Suit No.46 of 2024 for which execution proceeding bearing Case No.10 of 2025 was also taken out. 3. It is submitted by learned advocate for the petitioner that since his name was existing in the records, mutation ought to have been preceded by an opportunity of hearing to the writ petitioner. He complains that no such opportunity was given. 4. Under the circumstances, he has filed an appeal against the order of mutation dated 04.06.2026 before the Sub Divisional Magistrate under section 28(1)(a) of the Andaman and Nicobar Islands Land Revenue and Land Regulation, 1966. 5. The appeal having filed on 14.07.2026, no steps were being taken for consideration of the appeal which compelled the 2 writ petitioner to approach the grievance redressal system in the office of the Lieutenant Governor. 6. The petitioner has approached this Court also, since his appeal was not being considered. 7. When the matter is taken up today, the learned advocate for the Administration handed over a copy of the notice dated 24.09.2026, issued from the Court of the Sub Divisional Officer, South Andaman District, in the writ petitioner’s appeal bearing FRA/16/2026/SDO from which it is apparent that the matter is now fixed for hearing on 17.10.2026. Notices were issued to the petitioner as well as the respondent nos.4 and 5 in the present writ proceeding. 8. The copy of the notice dated 24.09.2026 be kept on record. 9. Since the appeal is now being taken up for consideration, subject to service of notice upon the affected parties, the relief prayed in the writ petition in the form of direction for consideration and expeditious disposal of the appeal has become infructuous. 10. Learned advocate for the writ petitioner at this juncture submits that this Court should pass a direction to the Sub Divisional Officer to dispose of the appeal within the specified time frame. 11. The notice dated 24.09.2026 shows that the notices were issued upon the private respondents. However, there is no information regarding service of notices upon them, or any person likely to be effected by the order passed in the appeal. 3 12. Under the circumstances, this Court does not find any scope for passing any such order. 13. However, it is expected that the Sub Divisional Officer, South Andaman would proceed to consider the appeal, in accordance with law, after hearing the parties likely to be affected, expeditiously; and without granting any undue adjournments. 14. The Court makes it clear that this Court has not expressed any opinion on the merits of the matter in the pending statutory appeal. 15. The writ petition is accordingly disposed of. 16. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. ( Madhuresh Prasad, J. )