SAHIDULLAH MUNSHI,J. - (1.) This writ petition filed by Smt. Manju Devi being WP No. 092 of 2018 is taken with all the other writ petitions mentioned hereinbefore. All these writ petitions have been filed by the legal heirs of late Ratan Chandra Biswas being his widow, six daughters and six sons agitating common cause involving common question of law and fact for all of them that although their predecessor-in-interest Ratan Chandra Biswas, since deceased, was the allottee and recorded tenant in respect of some land bearing Survey No.14/P comprising 0.70 hectares situated at village School Line (Minni Bay) under Port Blair Tehsil, South Andaman District have been utilised by the government without acquiring the same through a properly initiated proceeding and without paying any compensation therefor. The grievance of the writ petitioner, Smt. Manju Devi, widow of Ratan Chandra Biswas in WP No. 092 of 2018 being identical with those of the other writ petitioners mentioned hereinbefore, all these writ petitions are being taken up and are being disposed of by a common judgement and order which will govern all other writ petitions.
(2.) Parties agree that because of the long pendency of the dispute and papers in connection with the earlier round of litigations and orders passed therein being already on record of this writ petition, exchange of affidavit by the parties will be a mere formality. However, since no affidavit has been used by the Administration, allegations, if any, made against them in this writ petition shall be deemed to have been not admitted.
(3.) The petitioner has made out a case that on the death of R.C. Biswas on 07.11.2002 the interest in the said land devolved upon the writ petitioner legally with others. The said R.C.Biswas having absolute interest over the land bearing Survey No.14/P measuring an area of 0.70 hectares as indicated earlier, the Tehsildar concerned recorded the name of this writ petitioner's husband in the relevant land record maintained by the office of the Tehsildar, Port Blair. It has been stated in the writ petition that her deceased husband being recorded tenant of the land in question used to pay land revenue and the petitioner has annexed a photo copy of the record entry to show that the said land was recorded in the name of R.C. Biswas in the capacity of occupancy right in respect of the total land which has been shown in the nature of Bagan. The said record also reveals that name of R.C. Biswas was mutated vide MR Sl. No. 10 dated 13.04.76 under book Sl.No. 52 dated 04.07.76. The said mutation order was also given effect to as it is reflected in the said Khatauni Slip No. 38 being annexure P-1 to the writ petition. Upon death of R.C. Biswas the petitioner with all other legal heirs of the deceased approached the respondent No.4, Tehsildar and prayed for effecting mutation in terms of Regulation 84/85 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. The respondent No. 4 initiated a revenue case vide RC Case No. 763/2012/TPB and by an order dated 29.07.2013 allowed mutation of the subject land in the joint name of the heirs of the deceased. Petitioners also prayed for demarcation (annexure P-4 at page 36) of the land in their favour. Payment of the land revenue for the said land has also been made. Land revenue receipts have also been annexed to the writ petition. Petitioners have also annexed receipt issued from the office of the Tehsildar acknowledging receipt of demarcation fees (annexure P-5 at page 38).;