Smt. C. Saraswathi vs The Tehsildar & Port Blair 2021 Latest Caselaw 859 Cal

Calcutta High Court (Appellete Side) Smt. C. Saraswathi vs The Tehsildar & Port Blair on 3 February, 2021 D/L 8. 3.02.2021 S.D. (CIRCUIT BENCH AT PORT BLAIR) W.P.A. 2750 of 2021 Smt. C. Saraswathi Vs. The Tehsildar & Port Blair Ms. Anjali Nag ...For the Petitioner. Mr. Arul Prasant ...For the Respondent. The writ petitioner has sought for a direction upon the respondent to consider and dispose of the application for mutation of the land bearing Survey No. 419 measuring an area of 350 sq. mt. situated at Garacharma village under Port Blair Tehsil, South Andaman District as per the decree and judgment dated 30.12.2019 passed by the learned Court of Joint Civil Judge (Senior Division) at Port Blair submitted by the petitioner on 11.3.2020. The background leading to the case is that the suit land originally belonged to the mother of the writ petitioner late Alagammal who was recorded tenant in respect of the said land. The petitioner filed application for mutation of the land as per the decree and judgment dated 30.12.2019 passed by the Civil Judge (Sr. Division) at Port Blair in Title Suit No. 223 of 2011 dated 30.12.2019. After the expiry of the mother of 2 the writ petitioner, she got disputes with regard to amicable partition of the suit land. So, she filed the said suit in the Civil Court which got decreed in her favour in respect of her 1/4th share in the suit property. It is submitted that the respondent, Tehsildar, Port Blair is not paying heed to the representation submitted by way of an application on 11.3.2020 for mutation of the land in question in terms of the decree granted by the Civil Court in her favour. Mr. Prasant, for the respondent submits in unequivocal term that necessary direction may be given to the respondent Tehsildar to consider the representation of mutation of the land in favour of the petitioner within a specified time. Having regard to the fact and upon hearing the learned counsel for both the parties and further in consideration of the decree in respect of the land in question in favour of the writ petitioner, the writ application being W.P.A. 2750 of 2021 is disposed of with the direction upon the respondent Tehsildar to take into consideration the representation so made by the petitioner within a period of four weeks from the date of communication of the order in the light of the judgment and decree passed by the Civil Judge (Senior Division), Port Blair after giving opportunity to the petitioner 3 of being heard and to pass a reasoned order in respect of the mutation of the land in her name which be communicated within a week thereafter to the petitioner. Accordingly, the Writ Application being W.P.A. No. 2750 of 2021 is decided and disposed of. No order as to costs. Urgent certified copies of this order, if applied for, be supplied to the parties upon compliance of the usual formalities. (Shivakant Prasad, J.)