Judgment :

T.S. Thakur, J. –

1. Leave granted.

2. This appeal arises out of a judgment and order dated 31st January, 2011 passed by the High Court of Calcutta, Circuit Bench at Port Blair, whereby MAT No.004 of 2011 filed by the appellants has been dismissed and order dated 20th December, 2010 passed by a Single Judge of that Court dismissing Writ Petition No.174 of 2008 affirmed.

3. The factual matrix in which the controversy arises has been set out at considerable length in the order passed by the learned Single Judge of that Court as also order dated 28th February, 2001 passed by the Lieutenant Governor, Andaman and Nicobar Islands. Shorn of details we may briefly recapitulate the same as under:

4. Vitoba, the grandfather of the first appellant and father of the remaining appellants was allotted a plot of land measuring 43 acres, 12 Kanals and 10 marlas situate within the limit of Ferragunj Tehsil in the South Andaman District in terms of Regulation 4(1)(b) of the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926. At some stage of the long drawn proceedings between the parties, one of the issues that arose for determination was whether the grant in question was made in