Techi Murkhi v. The State of Ap and 4 Ors

ORDER Date : 06-09-2023 Heard Mr. D. Panging, learned counsel for the petitioner. Also heard Ms. T. Wango, learned Junior Government Advocate for the respondents no. 1, 2 & 3; Mr. K. Tama, learned counsel for the respondent no. 4 and Mr. O. Pada, learned counsel for the respondent no. 5.

¶2This writ petition has been filed challenging the order, dated 11.01.2023, passed by the Deputy Commissioner-cum-District Magistrate, Capital Complex, Itanagar, vide No. DC-ICC-17013/11/2022/7989, in the case of Shri Techi Murkhi-vs-Shri Likha Saaya, to the extent the Deputy Commissioner had made an observation in the aforesaid order that there is no any pending liabilities left by Shri Likha Saaya (the respondent no. 4).

¶3From perusal of the impugned order, dated 11.01.2023, passed by the Deputy Commissioner-cum-District Magistrate, Capital Complex, Itanagar, it appears that there is some civil dispute regarding full payment made by the respondent no. 4 to the petitioner in respect of a land situated in A-sector, Naharlagun. It was in furtherance of resolving the aforesaid dispute, it appears that the learned Deputy Commissioner-cum-District Magistrate, Capital Complex, Itanagar had made the aforesaid observation that the respondent no. 4 does not have any pending liabilities left, while sending the parties to approach the appropriate Court for grievances.

¶4Since the Deputy Commissioner-cum-District Magistrate, Capital Complex, Itanagar does not have the jurisdiction to make any such observation regarding Page No.# 3/3 the civil liabilities of the parties, this writ petition, with the consent of the learned counsels for the parties is disposed of at the stage of Admission Hearing by providing that in the event the parties to the writ petition approaches the Civil Court of competent jurisdiction for resolving their disputes regarding full payment made by the respondent no. 4 to the petitioner, with regard to the land situated at A-Sector, Naharlagun, the Trial Court shall not take into consideration, the observation made by the Deputy Commissioner-cum-District Magistrate, Capital Complex, Itanagar, in the order, dated

11.01.2023, vide No. DC-ICC-17013/11/2022/7989, in the case of Shri Techi Murkhi-vs-Shri Likha Saaya, to the effect that Shri Likha Saaya (the respondent no. 4) has no any pending liabilities left.

¶5The writ petition stands disposed of, with the above direction. JUDGE Comparing Assistant

Page No.# 1/3 GAHC040003222023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/129/2023 Techi Murkhi Son of Late Techi Tekli, Resident of Model Village, Naharlagun, PO/PS Naharlagun, Papumpare District, Arunachal Pradesh. Phone No. 8258897641 VERSUS 1:THE STATE OF AP and 3 Ors. Through the Secretary (General Administration) Govt. of Arunachal Pradesh Itanagar. 2:The Secretary (General Administration) Govt. of Arunachal Pradesh Itanagar. 3:The Deputy Commissioner Capital Complex Itanagar Papumpare District Arunachal Pradesh. 4:Likha Saaya Son of Likha Heli Presently residing at P Sector Nirjuli PO/PS Nirjuli Papumpare District Arunachal Pradesh. 5. Mr. Kranzel Kholie, Son of Shri Kapa Kholie, resident of Model village, Naharlagun, P.O/P.S. Naharlagun Papumpare, Arunachal Pradesh. Advocate for the Petitioner : Dicky Panging, D. Tamuk, M. Doji, D Lona, K Ado Advocate for the Respondents : Ojing Pada, Khoda Tama, J Tsering, Hinti Jerma, Sumit Chhetri, T Lampung, G Kamduk, N Tajung, T Mingki, GA (AP) Page No.# 2/3 BEFORE HONBLE MR. JUSTICE NANI TAGIA