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2024 Supreme(Cal) 1651

IN THE HIGH COURT AT CALCUTTA [CIRCUIT BENCH AT PORT BLAIR]
AJOY KUMAR MUKHERJEE
Rehana Begum – Appellant
Versus
Andaman & Nicobar Administration – Respondent


Advocates Appeared:
For the Petitioner: Ms. G. Mini
For the Respondent: Mr. V.D. Sivabalan, Mr. Arun S. Kumar

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. The present application pertains to issuance of Writ of Mandamus for setting aside the order of Sub Divisional Officer (SDO), South Andaman dated 17.08.2023 by which SDO has rejected Writ Petitioner’s prayer for diversion of land and also for issuance of Writ in the nature of mandamus commending the respondent No.2 to issue final order for diverting the land as sought for by the Writ Petitioner.

2. The petitioner’s case in brief is that, the petitioner is the recorded tenant of land bearing survey No. 818/5 measuring an area of 228 sq. meter situated at Calicut village. In order to divert the said land petitioner has preferred an application before SDO, South Andaman on 11.06.2019 and after receipt of the said application, SDO conducted enquiries and issued final notice on 29.07.2019 asking the Writ Petitioner to appear before him for hearing. After such hearing, the authority concerned approved the petitioner’s prayer for diverting the land in question into house site on 04.09.2019 and further directed the petitioner to deposit the requisite premium. It is further submitted that as per direction of the authority, the premium was also paid by the

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