Satvabrata Sinha, J. - (1.) The petitioners who are 7 in number and have been working as Constables filed this writ application for issuance of a Writ of Certiorari quashing the judgment dated 2nd February 1995, passed by the Secretary, Revenue-in-Charge in second appeal No. S. R. A 127 of 1995.
(2.) The fact of the matter lies in a very narrow compass.
(3.) The petitioners allegedly have encroached upon survey No. 33 measuring an area of about 3628 square metres situate at Nayagaon, Tahsil-Port Blair, since before 1978. Allegedly, they have spent a huge amount for improvement of the said land by way of plantation of trees and construction of houses etc. On or about 16th October 1990, a complaint was lodged before the Superintendent of Police, Andaman and Nicobar Islands, Port Blair, alleging, inter alia, therein that the police personnel's have encroached upon survey No. 33 since last 10 years, wherein it was alleged that the complainant thereof, namely, Pratap Bhai was the owner thereof. Having been asked to show cause why a disciplinary proceeding should not be initiated against them, the petitioners filed a show cause. The Superintendent of Police thereafter asked the said complaint to approach the competent author for e action of the petitioners. An application then 'after was filed on 16-1-191, before Deputy Commissioner, Andaman, who direct the tahsildar to look into the matter. By a judgment dated 5th March, 1991, the Tahsildar, in exercise of his owner conferred upon him under Regulation 161 of 1966, directed eviction of the petitioners, inter observing that the petitioners dispossess the s aid Pratap Bhan in August 1990. appeal was preferred as against the said order by file petitioners before the Sub-Divisional Officer, which was registered as Appeal No. 12 of 1391. The petitioners allegedly made a representation before the Lt. Governor seeking the interference, as it was alleged that the said Vatap Bhan (respondent No. 9) was an influential person and Tahsildar, Port Blair, was ' personally interested in the matter. The said appeal was also dismissed. The petitioners thereafter preferred a second appeal, which was registered as S. R. A. No. 57 of 1991, before the Court of Secretary in Charge of Revenue Department. The petitioners, during pendency of the said appeal, filed a writ petition, which was marked as C. O. No. 54(W)of 1993 wherein allegations were made about illegal and mala fide action against some of the respondents as regards change of record of rights in relation to plot in question. The said application was, however, disposed of keeping in view the fact that the aforementioned revenue appeal was pending. By an order dated 2nd July, 1993, the aforementioned second appeal was also dismissed. The petitioners moved an application under 227 of the Constitution of India. Amal Kumar Chatturjee, J, by an order dated 21-2-94, allowed the said application and remitted the matter back to the Secretary, Revenue Department to consider the matter afresh in accordance with law. By reason of the impugned order, the said second appeal has again been dismissed.;