ASHIM KUMAR BANERJEE, J. - (1.) PREFACE These four appeals would relate to common question of law having great similarity on facts. Hence we intend to dispose of all the four appeals vide foregoing common judgement and order. FACTS
(2.) THE private respondent in all the four appeals were applicants before the revenue authority for sub -division of the land that they inherited from their respective predecessors. In all the four cases some of the co -sharers did not accord their consent in having such sub -division. Hence the authority rejected their claim on the ground that the dispute amongst the co -sharers should first be resolved by the Civil Court. The revenue authority was not competent enough to decide such issue. LAW ON THE SUBJECT Two provisions of the Revenue Regulation of A and N Administration would be relevant herein being Regulation 69 of The Andaman And Nicobar Islands Land Revenue And Land Reforms Regulation, 1966 and Rule 61 of The Andaman And Nicobar Islands Land Revenue And Land Reforms Rules, 1968, the provisions are quoted below: - ''69. (1) The Deputy Commissioner may either re -number plot numbers or sub -divide plot numbers into as many sub -divisions as may be required in view of the acquisitions of rights in land or for any other reason. (2) The division of plot number into sub -divisions and the apportionment of assessment of the plot numbers amongst the sub -divisions shall be carried out in accordance with the rules made under this Regulation and such rules may provide limits its either of area or of land revenue, as the case may be, or both, in any local area below which no sub -division shall be recognised. Provided that the total amount of assessment of any plot number shall not be enhanced during the term of Settlement unless such assessment is liable to alteration under the provisions of this Regulation. 61. The assessment of a plot number shall be distributed over its sub divisions as agreed upon mutually by the sub -division holders or, where there is any dispute, in accordance with area and soil classification of the various sub -divisions. Fractions of a paisa shall be ignored and the total assessment of the sub -divisions made to agree with that of plot number by adding one paisa to the assessment of as many sub -divisions as necessary. '' WRIT PROCEEDINGS INITIATED BY THE PARTIES AND THE RESULT
(3.) THE learned Single Judge disposed of WP No.85 of 2014 by His Lordship 's judgement and order dated March 25, 2014. In other three cases the learned Judge allowed the writ petitions following the decision in WP No.85 of 2014. THE JUDGEMENT AND ORDER IMPUGNED The judgement and order dated March 25, 2014 would depict, learned Judge considered the reasoned order of the revenue authority whereby the revenue authority rejected the application for sub -division and renumbering of the plots as all the co -sharers did not agree with the proposal for sub -division. The learned Judge considered Regulation 69 and Rule 61 and observed that the revenue authority was empowered to sub -divide the plots even in case of dispute amongst the co -sharers. The relevant extract of His Lordship 's judgement and order is quoted below: - ''I have heard the learned counsel for the respective parties as also I have considered the facts and circumstances of this matter. In order to adjudicate the issue involved in this matter, the provisions of the Regulation 69 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 ( hereinafter referred to as the said Regulation) and the Rule 61 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Rules, 1968 ( hereinafter referred to as the said Rules) are quoted below: ''69. (1) The Deputy Commissioner may either re -number plot numbers or sub -divide plot numbers into as many sub -divisions as may be required in view of the acquisitions of rights in land or for any other reasons. (2). The division of plot number into sub -division and the apportionment of assessment of the plot numbers amongst the sub -divisions shall be carried out in accordance with the rules made under this Regulation and such rules may provide limits its either of area or of land revenue, as the case may be, or both, in any local area below which no sub -division shall be recognized. Provided that the total amount of assessment of any plot number shall not be enhanced during the term of Settlement unless such assessment is liable to alteration under the provisions of this Regulation. 1968 Rules: 61. The assessment of a plot number shall be distributed over its sub divisions as agreed upon mutually by the sub -division holders or, where there is any dispute, in accordance with area and soil classification of the various sub -divisions. Fractions of a paise shall be ignored and the total assessment of the sub -divisions made to agree with that of plot number by adding one paise to the assessment of as many sub -divisions as necessary. '' ;