DIPANKAR DATTA,J. - (1.) The petitioners claim to be recorded tenants in respect of separate plots of revenue land bearing survey nos. 102/1, 97/1 and 124 measuring 0.7822, 0.789 and 0.41 hectares respectively (hereafter collectively the said plots), situate at Dhanikhari Village, Ferrargunj Tehsil, South Andaman District. They had the occasion to approach the Deputy Commissioner, South Andaman District, respondent no.2 with an application dated January 02, 2012 for resolving a dispute relating to boundary, under Regulation 97 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 (hereinafter the said Regulation). It was alleged therein that the respondent no.7, who is the recorded tenant of a plot of revenue land bearing survey no.96/3, situate in the same village i.e. Dhanikhari, in collusion with the Tehsildar, Ferrargunj Tehsil, South Andaman, respondent no.5 and the Station House Officer, P.S. Humfrygunj, South Andaman, respondent no.6 had forcibly entered into the plot of revenue land of the petitioners bearing survey no.97/1 (hereafter the disputed plot) unauthorisedly and attempted to raise pillars thereon ostensibly for the purpose of demarcating the boundary of the plot of revenue land of the respondent no.7. According to the petitioners, their predecessor-in-interest late Nagen Samaddar was the recorded tenant of the said plots and had been cultivating the same since the 50s of the earlier century and that demarcation of the boundary of the plot of land of the respondent no.7 is nothing but a veiled attempt to dispossess them and to stake claim over the disputed land with an ulterior motive. Accordingly, it was prayed that the Tehsildar may be directed to stay his hands in respect of the collusive attempt to demarcate the boundary of the plot of land of the respondent no.7 and to direct any other officer, preferably the Sub-Divisional Officer, Port Blair Tehsil to carry on the exercise of demarcation with the Surveyor and Patwari of any other area. In connection with the said application, the petitioner also prayed for an interim order restraining the respondent no.7 from occupying the disputed plot till such time the main application for demarcation is decided.
(2.) By a notice dated January 3, 2012, the Deputy Commissioner, South Andaman notified the respondent no.7 that the application of the petitioners had been fixed for hearing on January 17, 2012 and that he may appear before the Deputy Commissioner with all relevant documents/materials, either in person or through an authorized agent. A notice dated January 03, 2012 was also issued to the Tehsildar, calling upon him to furnish a report immediately in respect of the grievance expressed by the petitioners.
(3.) The instant writ petition dated January 10, 2012 was presented before this Court alleging, inter alia, that despite pressing for interim order, the Deputy Commissioner did not pass any such order and thereby the petitioners were exposed to the risk of being dispossessed in course of the exercise of demarcation undertaken by the Tehsildar on the prayer of the respondent no.7. The petitioners claimed, inter-alia, the following relief:- "(A) A writ in the nature of certiiorari quashing the entire action of the respondent no.5 and 6 where by they have tried to hand over the possession of the land in question which is land bearing survey no. 97/1, situated at Dhanikari Village, under Ferrargunj Tehsil, South Andaman, but termed as 96/3 by the Respondent no. 5 &6 to the private Respondent without adjudicating the dispute if at all they were entitled to do so. (B) A writ or writs in the nature of mandamus directing the Respondent no. 5, 6 and 7 to interfere or deal with the land bearing survey no. 97/1, situated at Dhanikari village, under Ferrargunj Tehsil, South Andaman, but termed as 96/3 by the Respondent no. 5 &6, in any manner whatsoever till a final demarcation is done by an independent authority and rights of the petitioners and the private Respondent is adjudicated.";