SUBHRO KAMAL MUKHERJEE, J. - (1.) ALTHOUGH the matter is appearing under the heading application, by consent of Mr.Nadeem Akhtar Khan, learned advocate for the appellants and, Mr.Hem Raj Bahadur, learned advocate for the respondent, the appeal itself is taken up for hearing for final disposal.
(2.) ALL formalities are dispensed with. This is an appeal against the judgement and order dated July 13, 2012, passed by the Hon'ble Single Judge in W.P. No.1300 of 2010. By order impugned, the Hon'ble Single Judge allowed an application under Article 226 of the Constitution of India and, inter alia, directing the respondent No.2 in the writ petition to make an enquiry, as to whether the writ petitioner was holding any land over and above what was recorded in the name of the co-operative society concerned. In the event, the writ petitioner has been holding excess land, the writ petitioner was directed to surrender the same immediately. After such surrender of additional land by the writ petitioner, the respondent No.2 in the writ petition, was directed to record the name of the writ petitioner as a tenant in respect of the land in survey No.63/1 at Haddo village, Port Blair Tehsil, which was devolved upon her in terms of the Will duly probated by the competent court of law, excepting a portion, which has been the subject matter of Title Suit No.15 of 2000. The land in question in survey No.63/1 at Haddo village, Port Blair Tehsil, measuring an area of 8205 square meters, was allotted in favour of Subhash Colonization Multipurpose Co-operative Society Limited.
(3.) ONE of the trustees of the said Society executed a registered deed of conveyance in favour of N.Raghavan Pillai, since deceased, the father and the predecessor-in-interest of the writ petitioner. The Administration, on the basis of such transfer, recorded the name of N.Raghavan Pillai in the records of rights.;