IMPORTANT POINT
The court ruled that the petitioner failed to establish rights as a licensee, as the land was granted on lease for a fixed term, which had expired.

JUDGMENT :

(Bibhas Ranjan De, J.)

1. The instant writ petition has been filed with the following substantive prayers –

a. A Writ and/or Writs do issue in the nature of mandamus directing the respondent authorities to act accordingly in accordance with law.

b. A Writ and/or Writs do issue in the nature of Mandamus directing the respondent no 1 to set aside / cancel/ annul the impugned order no 221 dated 21/10/2021 passed the respondent no 1 is bad in eyes of law against the provision of the A & N Islands LR & LRR 1968.

c. A Writ and/or Writs do issue in the nature of Mandamus directing the respondent no 1 to pass necessary orders for correction of revenue records as License instead of Lease the provision of the A & N Islands LR & LRR 1968.

d. A Writ and/or Writs do issue in the nature of Mandamus directing the respondent no 1 & 2 to conduct an enquiry with regard to the alleged paper publication dated 02-09-2021 wherein in contrary to law an advertisement was published contending that the possession pertaining to the subject landed property in question was taken back by the A & N Administration, and to pass further necessary order taking action against such Officer who published a wrong publication in NEWS paper.

e. A Writ in the nature of Certiorari directing the respondents to transmit the relevant records before this Hon'ble Court enabling the court to render justice in the matter.

f. Other or further Writ and/or direction and/or order as your Lordship may deem fit and proper in the facts and circumstances of the present case.

2. In this Writ Application the challenge is the order being no. 221 passed by the Lieutenant Governor, Andaman & Nicobar Islands wherein the claim of the petitioner was rejected.

Brief facts:-

3. The writ petitioner is descendant of a pre-42 settler in possession of land measuring an area of 180 sq. meters at village Aberdeen under Port Blair Tehsil since 1970. The land in question was subsequently allotted in favour of the petitioner under Section 146 (ii) of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 (for short Regulation Act) on approval of the competent authority and a licence to that effect was issued under Form AG-1. Subsequent to that allotment, the licence and formal possession of the land was also made and possession certificate was handed over to the petitioner. The petitioner is still in possession of the land and in the extracts of the Khasra register and map of the said village the name of the petitioner appears. The land revenue of the said land allotted in favour of the petitioner was continuously paid by him to the authorities for five years from 1987 to 1991. But, in 1992 when the petitioner went to pay the land revenue, the authorities refused to accept the same and informed the petitioner that the land was given on ‘lease’ for five years only. Thereafter, the petitioner obtained certified copy of the extracts of the Khasra register wherein there was a remark that the land is given on lease basis only for five years. The petitioner started corresponding to the authorities for correcting the anomaly in the records with a prayer for regularizing the allotment as a licence land. The petitioner alleged inter alia that the licence was issued under Form AG-1 and the same was allotted under Section 146(ii) of Regulation Act. As such, the petitioner has been conferred with the rights and liabilities to enjoy the land as licence only. He further claimed that the land was allotted by invoking Section 146 (ii) of the Regulation Act and therefore the petitioner’s tenancy is that of a licencee as defined in the Section 145 of the Regulation Act.

4. The Lieutenant Governor disposed of the matter by the impugned order dated 21.10.2021 wherein the claim of the petitioner was rejected and land was taken back by the Government. Being aggrieved, the instant writ petition has been preferred by the writ petitioner with the prayer for cancellation of the impugned order and also to g