- (1.) An order passed on 22nd July, 2014 by the Sub Divisional Officer, South Andaman in No. 2-6/R/2014/1093 and order dated 29th August, 2014 passed by the Tehsildar, Port Blair in R.C. No. 775/TPB/2014 are under challenge in this writ petition. It appears that those are annexures 'P8' and 'P9' annexed to the writ petition.
(2.) Simply stated, the petitioner's case as found from paragraph 9 of the writ petition is that his father and brother and he himself had occupied government revenue land prior to 1978 and, in terms of scheme framed by Andaman and Nicobar Administration, the petitioner as well as his father and brother applied for regularisation of the respective land which they had occupied prior to 1978. Photostat copy of the Record-Of-Rights is annexed at page 23 (annexure P1) of the writ petition. The grievance of the petitioner is that, in the Record-Of-Rights, the name of his father was wrongly recorded as Karupaiya in place and stead of Chellamuthu. He applied before the Deputy Commissioner for correction of the name of his father in the Record-Of-Rights. The matter is still pending but, in the meanwhile, he got the land demarcated by the local Tehsildar, but the private respondent one Shri. Santosh Kumar Agrawal, taking advantage of the mistake in the name of his father apearing in the Record-Of-Rights, made a false complaint to the Sub Divisional Officer, South Andaman whereupon the Sub Divisional Officer without any authority passed the impugned order dated 22nd July, 2014 and in terms thereof the Tehsildar, Port Blair passed the order dated 29th August, 2014.
(3.) The respondent No.5, Santosh Kumar Aggarwal filed affidavit-inopposition and the petitioner also filed affidavit-in-reply thereto. The question, which poses for consideration in this writ petition is whether the order passed by the Sub Divisional Officer, South Andaman on 22nd July, 2014, is illegal and consequently whether the order passed by the Tehsildar, Port Blair is also illegal.;