The State of Ap and 3 Ors v. Phassang Yachang and 16 Ors

ORDER Date : 20.04.2023 (Nani Tagia, J) Heard Mr. S. Tapin, learned Senior Government Advocate for the applicant. Office Note dated 17.04.2023, shows that unserved notice in respect of Opposite Parties no. 1 to 17 have been received back with Postal note "refused". We have perused the notice sent to the Opposite Parties no. 1 to 17, which have been returned back and on perusal thereof, we find that there is a remark made by the Postal authority that the notice has been refused. In view of the above, notice to the Opposite Parties no. 1 to 17 are deemed to have been served. This is an application, under Section 5 of the Limitation Act, 1963, for condonation of delay 147 days in filing the Writ Appeal, challenging the Judgment and Order dated 29.07.2022, passed in WP(C)254(AP)2022. Upon perusal of the grounds assigned in the interlocutory application for condonation of delay, we are satisfied that the applicant was prevented by a sufficient cause in not preferring the connected writ appeal within the stipulated time. In view of above, the delay of 147 days in filing the connected Writ Appeal is hereby condoned in the interest of justice. Page No.# 6/6 The Interlocutory application stands disposed of.

JUDGE JUDGE Comparing Assistant

Page No.# 1/6 GAHC040000982023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C) 21/2023 1:THE STATE OF AP and 3 Ors. Represented by the Chief Secretary, Govt. of Arunachal Pradesh, AP Civil Secretariat, Itanagar, PO Itanagar. 2: The Secretary (Housing) Govt. of Arunachal Pradesh Itanagar 3: The Director Department of Urban and Housing Govt. of Arunachal Pradesh Itanagar. 4: The Executive Engineer Public Works Department Govt. of Arunachal Pradesh Itanagar VERSUS 1:Phassang Yachang and 16 Ors. W/o Shri Tarh Taigh, R/o Papu Hill, PO Naharlagun, PS Papu Hill, District Papumpare, AP 2:Punyo Tani S/o Lt. Punyo Tapu AP Page No.# 2/6 3:Anup Kr. Sharma S/o Shri Hari Nath Sharma AP 4:Yakek Dabi W/o Shri Yumge Yomgam AP 5:Devendar Yadav S/o Lt. Ghina Yadav R/o Papu Hill AP 6:Tama Gao S/o Lt. Tamar Gao AP 7:Pokpi Yomgam W/o Shri Kotu Yomgam AP 8:Techi Kayai D/o Lt. Techi Kuli Page No.# 3/6 AP 9:Bol Bahadur Rai S/o Lt. Bahardur Rai AP 10:Mesap Sonam W/o Lt. Mechi Lapung AP 11:Bengia Talo S/o Shri Bengia Takia AP 12:Charu Taba S/o Lt. Charu Tada AP 13:Akash Bagang S/o Tamang Bagang Page No.# 4/6 AP 14:Kipa Tayum S/o Lt. Kipa Tai AP 15:Tadu Rimung W/o Tage Takar AP 16:S. Mohan S/o Shri Sreedharan AP 17:S. Chandran S/o Shri Sreedharan A Advocate for the Petitioner : Subu Tapin Advocate for the Respondent : Page No.# 5/6 BEFORE HONBLE MR. JUSTICE NANI TAGIA HONBLE MRS. JUSTICE MITALI THAKURIA