DINESH SARKAR Vs. UNION OF INDIA
LAWS(CAL)-2012-12-97
HIGH COURT OF CALCUTTA
Decided on December 21,2012

DINESH SARKAR Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

INDIRA BANERJEE, J. - (1.) THESE writ applications are directed against a common judgement and order dated 30th April, 2012, passed by the Central Administrative Tribunal, Calcutta Bench, on Circuit at Port Blair, dismissing the applications under Section 19 of the Administrative Tribunals Act, 1985, being OA 193/AN/2011, OA 174/AN/2011, OA 29/AN/2012 and OA 57/AN/2012 filed by the respective writ petitioners being Chaukidars under the Andaman and Nicobar Administration, claiming the benefits of regularization, as had been granted to the Chaudharies under the Administration. In exercise of powers conferred by Article 240 of the Constitution, the President of India has promulgated the Andaman and Nicobar Land Revenue and Land Reforms Regulation, 1966, hereinafter referred to as the Revenue Regulation, to consolidate and amend the law relating to land revenue, powers and duties of Revenue Officers, rights and duties of holders of land tenures and other matters relating to land, in the Andaman and Nicobar Islands.
(2.) SECTION 3 of the Regulation provides that there shall be the following classes of Revenue Officers: - (a) Settlement Commissioner, (b) Deputy Commissioner, (c) Settlement Officer, (d) Assistant Commissioner, (e) Assistant Settlement Officer, (f) Tehsildar, (g) Land Records Officer, (h) Naib -Tehsildar, (i) Revenue Inspector, (j) Patwari, and (k) Such other village officers and servants as may be specified by rules made under this Regulation. The Village Officer is a Revenue Officer within the meaning of Section 3(k) of the Revenue Regulation. There are two categories of Village Officers specified in Chapter XII of the Revenue Regulation, the Chaudhari and the Chaukidar. The appointment, duties and remuneration of the Chaukidars are governed by Section 139 and 140 of the Revenue Regulation set out here -inbelow for convenience. "Regulation 139 1) For each village or group of villages there shall be appointment, in accordance with the rules made under this Regulation, one or more Chowkidars for the performance of such duties as may be prescribed. 2) A Chowkidars who is found negligent in the performance of any duty assigned to him by or under this Regulation shall be liable under the orders of the Tehsildar, to a fine which may extend to twenty rupees. Regulation 140 The remuneration of Chowkidars shall be fixed by the Deputy Commissioner in accordance with the rules made under this Regulation.
(3.) SECTION 210(1) of the Revenue Regulation empowers the Chief Commissioner to make rules for the purpose of carrying out and giving effect to the provisions of the Revenue Regulation and in particular to provide for inter alia preservation or disposal of trees, brush wood jungles or other natural products; manner of assessment of land revenue; preparation of records of rights; the preparation of land records; the inspection by officers of land in respect of which grant has been made or licence has been granted and the carrying out by grantees and licencees of such preventive or remedial measures as may be necessary for the protection of plants or crops in such  land; the manner in which record of unoccupied land may be prepared and maintained and any other matter that may be prescribed. In exercise of powers conferred by sub -section (1) of section 210 of the Revenue Regulation, the Chief Commissioner of Andaman and Nicobar Islands made the Andaman and Nicobar Islands Land Revenue and Land Reforms Rules, 1968, hereinafter referred to as the 1968 Revenue Rules. Rules 162 and 163 of the 1968 Revenue Rules provide as follows: "162. The Chaukidar shall be appointed by Deputy Commissioner from amongst the inhabitants of the village. In case a suitable person is not available in the village a person from the neighbouring village shall be appointed. He shall perform the following duties: - (1) He will carry out orders of Revenue and Police Officer. (2) He shall report to Chaudhary or Patwari any misuse of Nister rights or of Government property and encroachments on Government land and common lands of the village. He will assist the Chaudhary, Patwari and Gram Pahchayat in protecting and proper use of the above. (3) He shall keep watch and ward in the village. (4) He shall report to the police commission of any cognizable offence in the village and shall arrest a proclaimed offender or a person accused of a cognizable offence. He shall watch all strangers in the village and convey to the Chaudhary and police immediate intelligence of any suspicious person. He shall report to police about any matter likely to affect maintenance of law and order. (5) He shall report to Chaudhary and Tehsildar outbreak of epidemic or occurrence of any natural calamity. (6) He shall maintain a register of births and deaths. (7) He shall also perform such other duties as may be entrusted to him by Deputy Commissioner from time to time. 163. The remuneration of Chaukidars shall be fixed by Deputy Commissioner at such rates as may be sanctioned by Chief Commissioner from time to time. " ;


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