The Deputy Commissioner's order on land regularization is binding and cannot be revisited by administrative authorities once finalized.

1. At the outset, reference may be drawn to the order dated February 25, 2025 passed in MA / 2/2025.

In RE : MA / 1/2025

This is an intra - court mandamus appeal from the impugned judgment and order dated December 11, 2024 passed by the Hon'ble Single Bench in WPA / 356/2024.

2. Facts: -

This is the third round of writ litigation.

3. The appellant as an encroacher of a land being Survey No. 14 measuring about 0.83 hectare at village Kamalapur under Mayabunder Tehsil (for short, the said land) claimed the settlement of land in his favour by way of tenancy in terms of a scheme for disposal of government land in revenue villages dated August 17, 1987, Annexure R - 2 at page 69 to the paper book.

4. Since the claim of the appellant was not acceded upon by the respondent authority, the appellant filed the first writ petition C.O. 51(W) of 1998. By an order dated July 20, 1998 at page 27 to the paper book, a Co - ordinate Bench disposed of the writ petition directing the respondent No. 2 to dispose of the grievance of the appellant by treating the writ petition as representation in the manner and mode as directed therein.

5. Pursuant to and in terms of the said directions by its reasoned order dated February 3, 1999, the Deputy Commissioner, Andamans recommended the case of the appellant for regularization under Pre - 78 category before the Administration for approval of competent authority, Annexure P - 3 at page 30 to the paper book.

6. Since no step was taken following the recommendation dated February 3, 1999, the appellant submitted a representation through its advocate's letter dated October 28, 2020, Annexure P - 4 at page 41 to the paper book. Since no step was taken for considering the said representation, the appellant filed the second writ petition being annexure R - 5 at page 45 to the paper book. The said second writ petition was disposed of by a Co - ordinate Bench by its order dated September 20, 2022, Annexure P - 5 at page 45 to the paper book. The relevant observation and direction of the Co - ordinate Bench is quoted below: -

" I do not see any justification to keep this Writ Petition pending. Let respondent no. 3 consider the representation dated October 28, 2020 appearing at page 33 of the Writ Petition (Annexure P - 4) within a period of eight weeks from date in accordance with law. If necessary, the said respondent shall afford an opportunity of hearing to the petitioner. The reasoned decision arrived at by the said authority shall be communicated to the petitioner within two weeks thereafter. Since no affidavit - in - opposition has been filed by the respondents, the allegations made in the Wirt Petition are deemed to be denied by them.

WPA 200 of 2021 is accordingly disposed of."

7. Pursuant to and in terms of the said direction of the Co - ordinate Bench dated September 20, 2022, the respondent No. 4 passed its reasoned order dated March 19, 2024, Annexure P - 6 at page 47 to the paper book when the respondent No. 4 has rejected the claim of the appellant on the ground mentioned therein.

8. Being aggrieved by the said impugned reasoned order dated March 19, 2024 passed by the respondent No. 4, the appellant filed the third writ petition WPA / 356/2024, inter alia, praying for the following reliefs: -

"(i) A writ and / or Writ in the nature of Mandamus Quashing and / or cancelling and / or setting aside and / or aning the Impugned order dated 19th of March, 2024 Vide F.A.No. 4-84(Vol - VI) DC (N and MA) / 2024/595 passed by the Deputy Commissioner, District of North and Middle Andaman.

(ii) A Writ and / or Writs do issue in the nature of Mandamus Commanding the Respondent Authorities more particularly respondent no. 2 and 3 to tak