The Calcutta High Court clarifies that revenue authorities are bound to incorporate the names of all legal heirs, as previously directed, without deviation based on subsequently outdated records. Judgment reaffirms compliance obligations under Regulation 87, with binding precedential value for land administration in Andaman and Nicobar Islands.
Summary
| Category | Data |
|---|---|
| Date of Registration | 18-09-2025 |
| Decision Date | 29-10-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | HON’BLE JUSTICE SHAMPA SARKAR |
| Court | Calcutta High Court, Circuit Bench at Port Blair |
| Precedent Value | Binding on land administration authorities within A&N Islands; persuasive in analogous matters elsewhere |
| Type of Law | Revenue, Land Record, Administrative Law |
| Questions of Law | Are revenue authorities bound to carry out the Deputy Commissioner’s 2013 order directing correction of records to include the legal heirs, especially after the death of any heir? |
| Ratio Decidendi (3–8 sentences) |
The Court held that, in light of the 2013 Deputy Commissioner’s order issued under Regulation 87, authorities are duty-bound to update revenue records to reflect the names of the legal heirs of Hanifan Bibi and Ashia Khatoon. The Assistant Commissioner’s reliance on outdated records and inclusion of a deceased person (Ashia Khatoon) was erroneous. Confusion arose solely due to non-compliance with the prior order. The authority must first effect the corrections as per the original directive, and only then proceed to consider fresh sub-division requests. The judgement underscores that administrative authorities cannot override or ignore binding directions, particularly where they flow from concluded quasi-judicial proceedings. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | The authority’s previous direction under Regulation 87 is final and must be implemented. Administrative oversight or confusion does not confer power to re-litigate finalized determinations regarding legal heirs. |
| Facts as Summarised by the Court |
The petitioner sought implementation of a 2013 order directing land record correction to name all legal heirs. Non-compliance by authorities led to subsequent confusion, with notices issued based on outdated proposals and improper insistence on including a deceased person (Ashia Khatoon) in sub-division proposals, contrary to the prior order. The petitioner and other parties in possession are willing to carry out the sub-division as per corrected records. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All revenue authorities and subordinate administrative authorities within Andaman & Nicobar Islands |
| Persuasive For | Other High Courts and quasi-judicial authorities dealing with land record corrections or compliance with final orders |
What’s New / What Lawyers Should Note
- Orders under Regulation 87 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, for inclusion of legal heirs are absolutely binding on administrative authorities.
- Revenue authorities are not permitted to ignore earlier finalized directions or to introduce procedural complications post facto (e.g., insisting on inclusion of deceased persons due to outdated records).
- Any further land administration or sub-division must proceed only after fully implementing prior correction orders.
- Practitioners should ensure old directives by competent authorities are fully complied with before seeking further relief or administrative action.
Summary of Legal Reasoning
- The Court found that the Deputy Commissioner’s 2013 order under Regulation 87, naming the legal heirs and directing correction of records, is both valid and binding.
- Failure of the Assistant Commissioner and Tehsildar to act on this order caused unnecessary confusion and delayed further proceedings.
- Reliance on outdated records to propose inclusion of a deceased heir (Ashia Khatoon) contradicted the factual and legal position established in the prior order.
- The Court ordered immediate compliance with the original directive before entertaining subsequent applications concerning the property, thus reaffirming the rule of finality and bindingness of quasi-judicial decisions in administrative matters.
Arguments by the Parties
Petitioner
- Authorities failed to implement the 2013 Deputy Commissioner’s order for correction of revenue records.
- Application for sub-division became entangled due to administrative confusion, with unnecessary insistence on including a deceased person in the proposal.
Respondents
- The Assistant Commissioner relied on existing records where Ashia Khatoon’s name still appeared, leading to the direction that her name be included in the sub-division proposal.
Factual Background
The petitioner was aggrieved by the failure of land revenue authorities to implement a 2013 order of the Deputy Commissioner, South Andaman, which mandated updating the land records to reflect the legal heirs of Hanifan Bibi and Ashia Khatoon. When the petitioner later sought sub-division of the land in 2025, the Assistant Commissioner erroneously insisted on including the name of the deceased Ashia Khatoon, based on outdated records. This confusion occurred because the 2013 order was never acted upon. All parties in possession of the land have agreed to the sub-division, subject to correct entries.
Statutory Analysis
- The Court applied Regulation 87 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, which empowers the Deputy Commissioner to order corrections in land revenue records regarding legal heirs.
- No expansive or restrictive interpretation was adopted; rather, the Court enforced the plain mandate of the provision requiring compliance with such orders.
Alert Indicators
- ✔ Precedent Followed – Reaffirms binding nature of orders by competent authority under Regulation 87, and court’s supervisory jurisdiction to enforce compliance.