SABYASACHI BHATTACHARYYA,J. - (1.) The present writ petition is directed against a judgment and order passed by the Principal Secretary (Revenue), dismissing an appeal preferred by the present writ petitioner and affirming an order of the Deputy Commissioner, South Andaman District. It was held by both the said fora that the subject land grant was for a limited period of 30 years from 1963 and expired in 1993. On expiry of the said period, the land was held to have automatically vested with the Government and the grantee liable to surrender possession and hand over the land to the Government. Therefore, the society (present petitioner), was directed to hand over possession of the land to the Government immediately thereafter, failing which the Sub Divisional Officer, South Andaman should take over the subject land in accordance with law.
(2.) The dispute revolves around the nature of right, title and interest conferred on the petitioner in respect of the land in question. From the materials on record, it is seen that on December 24, 1963 the Deputy Commissioner, Andaman and Nicobar Islands wrote to the Secretary to the Chief Commissioner, Andaman and Nicobar Islands, mentioning that the present disputed land had been handed over to the petitioner on the basis of the petitioner's application for allotment, under Section 4 (1) (a) of the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926 (hereinafter referred to as "the 1926 Regulation"). From subsequent minutes in connection with the said memorandum dated December 24, 1963, it appears that the file was referred for remarks as to the exact area to be allotted to the petitioner society. It was further remarked in such minutes, particularly in the last minutes of April, 1965, that, if approved, the Deputy Commissioner's proposal might be accepted and he be asked to prepare necessary grants for the CC's signature.
(3.) Subsequently the petitioner continued to possess the land and exploit it for the purpose of coconut plantation and has been continuing to do so till date.;