Ramu Welly v. The State of Arunachal Pradesh and 3 Ors

ORDER Date : 29.04.2024 (Suman Shyam, J) Heard Mr. D, Mazumdar, learned Senior counsel assisted by Mr. C. Gogoi, learned counsel for the appellant. Also heard Mr. N. N. B. Choudhury, learned Addl. Advocate General, Arunachal Pradhesh for the respondent Nos. 1 and 2 and Mr. J. Patowary, learned counsel for the respondent No.3.

¶2This writ appeal is arising out of order dated 15.12.2023 passed in WP(C)/607/2023, whereby, the learned Single Judge had declined interim relief as prayed for by the writ petitioner/appellant. Taking note of the facts and circumstance of the case, the Division Bench had passed order dated

29.01.2024 in this writ appeal granting interim relief to the appellant.

¶3It is submitted at the bar that since the writ petition is pending disposal before the learned Single Judge and considering the nature of relief sought for in this appeal, they would have no objection if the order dated 29.01.2024 is made absolute and the appeal is disposed of with a direction to hear and dispose of the writ petition on merit expeditiously. It has also been pointed out Page No.# 3/3 that the writ petition is pending in the Itanagar Permanent Bench of this Court.

¶4Taking note of the submission made at the bar, we hereby provide that with the consent of the parties the order dated 29.012024 is made absolute till disposal of the writ petition.

¶5Writ petition be heard and decided on merits expeditiously.

¶6We further make it clear that since the order dated 29.01.2024 was passed for the limited purpose of granting interim relief, as prayed for by the appellant, the observations made in the said order would not have any bearing in the final hearing of the writ petition.

¶7With the above observations and directions, this writ appeal stands disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010004122024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/6/2024o RAMUoWELLYo S/OoSHRIoNOBOoWELLY,o VILL.-oDIPIK,o P.O.oANDoP.S.-oSEIJOSA,oDIST.-oPAKKEoKESSANG,oARUNACHALoPRADESH. VERSUSo THEoSTATEoOFoARUNACHALoPRADESHoANDo3oORS.o REP.oBYoTHEoCOMMISSIONERo(URBANoAFFAIRS)oGOVT.oOFoARUNACHALo PRADESH,oURBANoDEVELOPMENToANDoHOUSINGoDEPTT.,oP.O.oANDoP.S.-o ITANAGAR,oPIN-o781111. 2:THEoCHIEFoENGINEER oURBANoDEVELOPMENToDEPTT. oITANAGAR oP.O.oANDoP.S.-oITANAGAR oPIN-o781111. 3:ROKPOoTAMIN oSUPERINTENDINGoENGINEERo(ADMINISTRATIONoANDoESTABLISHMENTo ANDoFIELDoWORKS/CONTROLLINGoOFoALLoDIVISIONS.)oC/OoCHIEFo ENGINEERoOFFICE oURBANoDEVELOPMENToDEPTT. oITANAGAR oP.O.oANDoP.S.-oITANAGAR oPIN-o781111. 4:HIMMARoETE oSUPERINTENDINGoENGINEER o C/OoCHIEFoENGINEERoOFFICE oURBANoDEVELOPMENT Page No.# 2/3 ITANAGAR P.O. AND P.S.- ITANAGAR PIN- 781111 Advocate for the Petitioner : MR. J JINI Advocate for the Respondent : GA, AP BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR HONOURABLE MR. JUSTICE SUMAN SHYAM