Taba Raju v. The State of Ap and 6 Ors

ORDER Date : 09.02.2023 Heard Mr. A. Bhattacharjee, learned counsel for the petitioner. Also heard Mr. G. Ete, learned Additional Senior Government Advocate for the State respondents. This writ petition is directed against the order dated 18.10.2022, passed by the SDO-Cum-Executive Magistrate, Doimukh, Papumpare District in Case No. DMK/LR-13/2013 Shri Nabam Epo (complainant) Versus Shri Tana Tasap & Ors (respondents) whereby, Shri Nabam Epo (complainant) has Page No.# 3/4 been held to be entitled to possession of the Mithun Farm located at Emchi village Doimukh, Papumpare District measuring 70.00 hectares area until evicted after decision of title suit by the competent Court and thereby all the respondents were forbidden from causing any disturbance of such lawful possession of Shri Nabam Epo (complainant). In the order dated 18.10.2022, it has been shown that the respondent parties, who had appeared in person were namely, Shri Tana Tasap, Shri Techi Rimpum and Mr. Tana Tekhi, Head Gaon Bura Emchi village with Mr. Teshi Hinda, GPM Emchi village. The petitioner, who has filed this petition in this Court is Shri Taba Raju. The learned counsel for the petitioner is not able to show before this Court that Shri Taba Raju, the present petitioner was one of the party in Case No. DMK/LR-13/2013, in which case, the impugned order dated 18.10.2022 has been passed by the SDO-Cum-Executive Magistrate, Doimukh, Papumpare District. In view of above, since the petitioner was not a party to the Case No. DMK/LR-13/2013, the petitioner appears to have prima facie no locus standi to challenge the order dated 18.10.2022 passed by the SDO-Cum-Executive Magistrate, Doimukh, Papumpare District in Case No. DMK/LR-13/2013. In view of the above, the writ petition stands dismissed. Notwithstanding the dismissal of the writ petition, it shall not be a bar for the petitioner to approach this Court again challenging the order dated

18.10.2022 passed by the SDO-Cum-Executive Magistrate, Doimukh, Papumpare District in Case No. DMK/LR-13/2013, if the interest of the Page No.# 4/4 petitioner is affected in any manner through the respondents of the Case No. DMK/LR-13/2013. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040001552023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 57/2023 1:Taba Raju S/o Late Taba Tapo, Permanent Resident of Emchi Village, PO/PS Doimukh, District Papum Pare, Arunachal Pradesh. Mob. 7005255843 VERSUS 1:THE STATE OF AP and 6 Ors. Represented by the Chief Secretary, Govt. of Arunachal Pradesh. 2:The Deputy Commissioner Yupia Papum Pare District Arunachal Pradesh. 3:The Land Revenue and Settlement Officer Yupia District Papum Pare Govt. of Arunachal Pradesh. 4:The Sub Divisional Officer (SDM) District Papum Pare Arunachal Pradesh Doimukh Govt. of Arunachal Pradesh. 5:The Circle Officer Gumto Page No.# 2/4 PO/PS Doimukh District Papum Pare Arunachal Pradesh. 6:The Project Manager Starlite Private Limited Head Office North Lakhimpur Assam. 7:Nabam Epo S/o Late Nabam Echu Residence of Tayang Tarang Village (Emchi) PO/PS Doimukh District Papum Pare Arunachal Pradesh Advocate for the Petitioner : Arup Bhatttacharjee Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA