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Judgment
Arindam Mukherjee, J
The subject matter of challenge in the instant writ petition is an ad-interim order of stay dated 25th July, 2019 passed by the Deputy Commissioner, South Andaman District while hearing a complaint of Smt Poonam Santosh Darne wife of Santosh Sudhakar Darne resident of Govinda Nagar village, Swaraj dweep under the Port Blair Tehsil.
On perusing the writ petition, it appears that the writ petitioner is operating a Scuba Diving Centre after obtaining shore dive permission from the Deputy Director (Tourism), Directorate of Tourism, Andaman & Nicobar Administration. The petitioner has also taken on lease a land measuring about 200 sqmtrs in Survey No. 248/3 situate at Govind Nagar Village, Havelock under Port Blair Teshil, South Andaman from Smti. Hemangini Mallick for a period of 5 years to keep the diving materials. The permission granted for shore diving to the petitioner was valid till 30th June, 2019 and as such prior to expiry petitioner has made an application for extension or renewal of the permission which has not yet been disposed of. Pending renewal, the petitioner was permitted to operate the scuba diving business. The complainant Poonam Santosh Darne (respondent No. 3) alleges that she is the joint tenant of the land property bearing survey Nos.226/1 and 226/2 respectively having an area of 0.23 hectare and 0.054 hectare. The complainant further alleges that Smt Laxmi Das owns a plot which is behind the plot of the complainant had let out her plot to the Continental Scuba being the petitioner herein. The petitioner, while operating the Scuba Diving Centre, according to the complainant, is trespassing into her property.
The Deputy Commissioner, in his order dated 25th July, 2019, has directed the petitioner to stop the illegal trespass and conducing Scuba Diving activities over the subject land. The petitioner has been further directed to appear before the Deputy Commissioner on 26th August, 2019 at 4.00 pm.
The petitioner says that no notice for hearing on 25th July, 2019 was given to the petitioner. The petitioner was prevented from presenting its case when the order dated 25th July, 2019 was passed. It is the case of the petitioner that the plot taken on rent by the petitioner is of Smti. Hemangini Mallick and not from Smti. Laxmi Das as alleged by the respondent No. 3, the complainant. The petitioner's plot taken on rent is, therefore, different from the plot of which the complainant alleges to have been taken on rent by the petitioner. The petitioner never trespassed into the complainant's land or used any part or portion therein for scuba diving activities.
If the petitioner has committed no trespass into the complainant's land or used any part or portion thereof for scuba dividing activities, then the interim order dated 25th July, 2019 has no impact on the petitioner or on the business carried out by them. The petitioner however complains that he had applied for renewal of the licence for operating Scuba Diving Centre. The renewal was under consideration and the petitioner was continuing with business even after 30th June, 2019. On receiving a copy of the order dated 25th July, 2019, which was sent to the Tourism Directorate, the said authority has kept the renewal application of the petitioner on hold. As a consequence whereof, the petitioner's business has been stopped for absence of license.
The respondents have been served as it will appear from the affidavit of service filed by the petitioner which is taken on record. Despite service no one appears to represent the respondents. No one also seeks for any adjournment on behalf of the respondents.
In this circumstances, I direct the Deputy Commissioner, South Andaman District while hearing the complaint of the respondent No. 3, Poonam Santosh Darne, should provide the petitioner with all documents and pleadings pertaining to the complaint case initiated at the instance of the Poonam Santosh Darne within 16th August, 2019 so that the petitioner is in a position to present his case before the said Deputy Commissioner, South Andaman District on 26th August, 2019 being the next date fixed for hearing of the complaint matter.
The petitioner will be at liberty to apply for vacating, modification and/or variation of the interim order dated 25th July, 2019 before the concerned Deputy Commissioner, South Andaman on 26th August, 2019 or on any other date as convenient to the concerned Deputy Commissioner.
The Deputy Commissioner should conclude the hearing of the complaint case by a reasoned order after hearing the parties within a period of four weeks from 26th August, 2019 but not later than six weeks therefrom.
The Directorate of Tourism is not a party to this writ proceeding. However, the Andaman & Nicobar Administration under whose control the Directorate of Tourism operates is respondent No. 1. The respondent No. 1 should ensure that the Directorate of Tourism should decide on the issue of renewal of the petitioner's licence only after the order of the Deputy Commissioner is passed. Till such time no decision is taken on the renewal/extension of petitioner's licence, by the Directorate of Tourism, the said Directorate shall allow the petitioner to operate the Scuba Diving Centre of course after complying with all other legal requirements by treating the petitioner's licence to be temporarily extended till such. The respondent nos.1 and 2 should also ensure that there is no trespass into the land of the respondent no.3 while the petitioner operates his scuba diving business. This direction is passed as the business of the petitioner has been stopped by virtue of the order of the Deputy Commissioner being served on the Directorate of Tourism and the said order was an exparte order.
The writ petition is disposed of with the observations as aforesaid. There shall, however, be no order as to costs.