P. Mandal, J. - (1.) The writ petitioner has filed this application praying for following reliefs. a). A writ of Mandamus and/or Writ in the nature thereof commanding the Respondent Authorities and each one of them: (i) A Writ and/or Writ do issue in the nature of Mandamus commanding the Respondent Authorities particularly the Respondent no.2 hereinabove to provide alternative shop to the writ petitioner within the same vicinity in lieu of shop room no.1 at Aberdeen Jetty; (ii) A Writ and/or Writ do issue in the nature of Mandamus commanding the Respondent Authorities particularly the Respondent no.2 hereinabove to allow the Petitioner t carry out necessary repair in shop room no.1 at Aberdeen Jetty. (iii) Interim order may be passed directing the Respondent Authorities particularly the Respondent No.2 hereinabove not to disturb the peaceful possession of the Petitioner over the shop room no.1 at Aberdeen Jetty which was allotted vide Office Order No. 1286 dated 08 -06 -1992 till the disposal of the above writ application; (b) A writ of Certiorari be issued commanding the Respondent Authorities and each one of them to produce the relevant records in the present proceeding for giving conscionable justice to the present petition; (c) Cost the present application; (d) To pass such other or further order or orders, direction or directions do issue as this Hon'ble Court may deem fit and proper.
(2.) The petitioner has contended that the shop room no.1 as mentioned in the petition was allotted to him under an agreement with the Port Blair Municipal Council in the year 1990. The respondents were trying to sell the shop of question in an auction sale and then the petitioner filed a writ petition which was disposed of directing the respondent no.2 to allot a alternative shop to the petitioner. The shop room suffered huge loss by the devastating earthquake in 2004.The petitioner is paying rent to the respondent regularly but all of a sudden by the notice dated December 08, 2010, the respondents are trying to take the possession of the shop in question and so the writ petition has been filed praying for the reliefs as stated earlier.
(3.) Now the question is whether the petition is entitled to get the reliefs as prayed for.;