ANDAMAN AND NICOBAR ADMINISTRATION Vs. SHYAMAL CHOWDHURY

JUDGEMENT

(1.) The instant mandamus appeal is directed against the judgment and order dated 7th December, 2017 passed by the Single Bench in WP No.163 of 2016 setting aside the order of eviction passed by the Deputy Commissioner with further direction to handover the possession of the property in question to the respondent within six weeks from the date.

(2.) The dispute relates to a piece and parcel of land measuring about 18 acres, 2 canals and 12 marlas comprised in revenue plot No.166 in Calicut and plot No.4 in Beodanabad. The said land was settled in favour of one Shri K.C.Kuruvilla, since deceased, as licensee in or about the month of September, 1959 for a period of 30 years with effect from 18th September, 1959 for the purpose of cultivation of long lived crops. Such licence was granted in terms of sec. 4(1)(b) of the Andaman and Nicobar Islands (Land Tenure) Regulation (III) of 1926 and the said licence was subject to general provisions of the said Regulation and the Rules made thereunder.

(3.) The said order was interim in nature and ultimately, came up before the Single Bench and was disposed of on 30th June, 2015 staying the operation of the order of eviction of the respondent and simultaneously directed restoration of the property in favour of the respondent subject to the undertaking that the widow shall not alienate and/or encumber the said property. It was further directed that the appeal pending before the first appellate authority should be disposed of within eight weeks from the date of communication of the said order. The matter was mentioned before the Circuit Bench on July 6, 2015 and further order was passed upon the authorities to restore the possession immediately in favour of the widow.