Shri Ogong Tamuk v. The State of A.P. and 9 Ors

ORDER Date : 28-05-2024 Heard Mr. D. Panging, learned counsel for the petitioner. Also heard Mr. D. Kamduk, learned Standing Counsel, Land Management Department, for the respondent Nos. 1 to 3; Mr. G. Tarak, learned Standing Counsel, RWD, for the respondent Nos. 4to 7 and Ms. P. Pangu, learned Government Advocate appearing for the respondent No. 8 & 9.

Mr. Panging, learned counsel for the petitioner after having made his submissions in the matter for some time, given the disclosures as made in the affidavit filed by the respondent No. 4 in the matter and the contradiction of the statements available therein, with the contentions so made in the writ petition, which leads to a dispute as to whether the petitioner had donated the entire plot of land or a part thereof, submits that he may be permitted to withdraw the present writ present petition with liberty to approach the competent Civil Court having jurisdiction over the matter to have the issue finally decided. The said prayer as made by Mr. Panging is not objected to by the learned counsel for the respondents. Page No.# 3/3

Prayer as made by the petitioner is accepted and the present writ petition stands dismissed on withdrawal with liberty to the petitioner to approach the Civil Court of competent jurisdiction for redressal of his grievances as raised in the present proceedings, within a period of 30(thirty) days from today.

In the event, proceeding as now required to be initiated is so initiated and a issue of delay in institution of the same so arises, the learned trial Court while considering the application filed for condonation of such delay, shall take into consideration that the issue involved was pending in the present proceeding before this Court w.e.f. 21.09.2017, and on such consideration of the same proceed to condone the delay so occasioning and thereafter, consider the matter on its merits expeditiously after granting an opportunity of hearing to all parties involved.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC040001282017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o (ITANAGARoBENCH) CaseoNo.o:oWP(C)/681/2017o SHRIoOGONGoTAMUKo S/OoLT.oORAKoTAMUK,oPERMANENToRESIDENToOFoPAKAM-IIoVILLAGE,o PO/PSoAALO,oWESToSIANGoDISTRICT,AoP. o VERSUSo THEoSTATEoOFoA.P.oANDo9oORS.oTHROUGHoTHEoSECRETARYoLANDo MANAGEMENT,oGOVT.oOFoAP,oITANAGAR.o 2:THEoSECRETARY,oLANDoMANAGEMENToGOVT.oOFAPoITANAGAR.o 3:THEoDIRECTOR,oLANDoMANAGEMENToGOVT.oOFoAPoITANAGAR.o 4:THEoSECRETARY,oRURALoWORKSoDEPTT.oGOVT.oOFAPoITANAGAR.o 5:THEoCHIEFoENGINEER,oEASTERNoZONEoRURALoWORKSoDEPTT.oGOVT.o OFoAPoITANAGAR.o 6:THEoSUPERINTENDING,oRURALoWORKSoCIRCLEoPASIGHAToEASToSIANGo DISTRICToAP. 7:THEoEXECUTIVEoENGINEER,oRURALoWORKSoDIVISIONoAALOoWESTo SIANGoDISTRICToAP.o 8:THEoDEPUTYoCOMMISSIONER,oAALOoWESToSIANGoDISTRICToAP.o 9:THEoDISTRICToLANDoREVENUEoandoSETTLEMENToOFFICERooAALOoWEST SIANGoDISTRICToAP.o 10:M/SoDToCONSTRUCTIONoHOUSEooTHROUGHoITSoPROPRIETORoSHRIo Page No.# 2/3 TOJO BASAR R/O BASAR PO BASAR WEST SIANG DISTRICT AP Advocate for the Petitioner : Mr.M Doji Advocate for the Respondent : SC(Land Management) BEFORE HONBLE MR. JUSTICE N. UNNI KRISHNAN NAIR