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Judgment
Harish Tandon, J
Alleging inaction on the part of the respondent authorities more particularly, the Tehsildar, Port Blair, South Andaman in disposing of an application
dated 26th November, 2019, the present writ petition has been filed. The copy of the writ petition has been served upon Mr.Rao, learned advocate in
Court today. Though Mr.Rao prays for an accommodation to go through the contents of the writ petition, but after hearing the writ petitioner I find
that the order which this Court proposes to pass would not impinge upon any rights, if accrued to the respondents.
The writ petitioner obtained a money decree against a borrower from the civil Court. According to the writ petitioner the property comprised in survey
No.261 at Teylarabad village, Port Blair Tehsil, South Andaman was kept as collateral security for the loan lent and advance to the said borrower.
Since the borrower neglected and defaulted in not only servicing the interest but also the payment of the principal amount the suit was filed which was
stood decreed as stated above.
Since the property is still standing in the name of the vendor of the borrower as the borrower did not take any steps to get it mutated in his name, the
writ petitioner approached the Tehsildar for mutating the name of the borrower so that the further steps for realization of the debts can be taken.
Once such approach has been made, the authority cannot keep such representation/application under suspended animation for an indefinite period. It is
expected from such authority to show alacrity and communicate its decision to the person approached for the same instead of keeping the same in
abeyance.
The writ petition is thus disposed of directing the Tehsildar, Port Blair, South Andaman to consider and dispose of the application dated 26th
November, 2019 submitted by the petitioner within four weeks from the date of the communication of this order by recording proper reasons.
It goes without saying that the said decision shall be communicated to the petitioner within a week from the date of the decision.
None of the observations made hereinabove shall have any persuasive value on the merit of the said application, as this Court has no occasion to go
into it.
With these observations, the writ petition is disposed of. However, there shall be, no order as to costs.