MAN MOHAN GOSWAMY Vs. ANDAMAN AND NICOBAR ADMINISTRATION
HIGH COURT OF CALCUTTA
MAN MOHAN GOSWAMY
ANDAMAN AND NICOBAR ADMINISTRATION
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S.B.Sinha, J. -
(1.)This appeal is directed against the judgment and order dated 15.6.95 passed by U.C. Banerjee, J, in C. O. No. 129(W) of 1994. The appellant had filed the writ application for issuance of a Writ of or in the nature of Mandamus directing the respondents not to disturb or interfere with his possession in respect of a land measuring an area of 6,000 square metres situate behind survey No. 78 at Guptapara village, Ferrergunge Tahsil, South Andaman. According to the petitioner, he was brought in the said Island in the year 1951. The petitioner allegedly is continuing in possession. The basis of the claim made on behalf of the petitioner in the writ application was that he had filed an application for regularisation of his encroachments in terms of a scheme framed by the Andaman and Nicobar Islands Administration.
(2.)It is admitted that no order regularising his encroachments has yet been passed. The petitioner has raised questions in the writ application which are essentially questions of fact. Unless and until the encroachment made by the petitioner is regularised, he cannot become a tenant under the Administration so as to derive the statutory rights as a tenant, and thus the question of this court's declaring the petitioner as a tenant of the respondents does not and cannot arise.
(3.)As indicated hereinbefore, the petitioner has merely filed an application for regularisation of the encroachments made by him whether he fulfils the conditions laid down under the scheme or not, is essentially a question of fact. Such an order can be passed by a competent authority only after making investigation into his claim.
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