REHANA BEGUM Vs. ANDAMAN & NICOBAR ADMINISTRATION

JUDGEMENT

(1.) The present application pertains to issuance of Writ of Mandamus for setting aside the order of Sub Divisional Officer (SDO), South Andaman dtd. 17/8/2023 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 11/6/2019 and after receipt of the said application, SDO conducted enquiries and issued final notice on 29/7/2019 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 4/9/2019 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 petitioner on 11/11/2019 but in spite of that, the respondent concerned had not passed formal order for diversion in respect of the petitioner's land in spite of several representations made by Writ Petitioner.

(3.) Petitioner finding no other alternative, preferred a Writ Petition before this Court being WPA No. 896 of 2022 seeking direction upon the respondent authority to issue order for diverting the aforesaid land for which the premium has already been deposited by the petitioner.