Nikhil Halder vs The Administration of the Islands

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Cal) 4764

IN THE HIGH COURT AT CALCUTTA
Bibhas Ranjan De, J
Nikhil Halder – Appellant
Versus
The Administration of the Islands – Respondent

Advocates:
For the Appellant: Mr. KMB Jayapal
For the Respondents: Ms. Babita Das

Table of Content
1. claim for land regularization based on previous administrative recommendations. (Para 3 , 4 , 5 , 6)
2. authority cannot revisit decisions that have achieved finality. (Para 15 , 16 , 29 , 36)
3. government obligations to enforce binding orders are emphasized. (Para 25 , 32 , 39)

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 b

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2025 Supreme(Online)(Cal) 4764

IN THE HIGH COURT AT CALCUTTABibhas Ranjan De, JNikhil Halder – AppellantVersusThe Administration of the Islands – Respondent

IN THE HIGH COURT AT CALCUTTA
Bibhas Ranjan De, J
Nikhil Halder – Appellant
Versus
The Administration of the Islands – Respondent