Tadak Dupit and 11 Ors v. The State of Ap and 2 Ors

ORDER Date : 28.03.2023

Heard Ms. Minter Karbak, learned counsel for the petitioners. Also heard Ms. Goter Ete, learned Addl. Senior Government Advocate, and Mr. Dugmar Kamduk, learned standing counsel, Department of Land Management, appearing on behalf of their respective respondents.

The writ petitioners, 12 in nos., had submitted an application to the Deputy Commissioner, Daporijo, for allotment of land at Daporijo Airfield area.

When these writ petitioners were informed by the Deputy Commissioner, Daporijo, by a Memo. No. LM/DRJ-64/2020(Part-II)/352-13, dated 05.05.2021, that the petitioners' application for allotment of land at Daporijo Airfield Area, cannot be granted as the area where the applicants are seeking allotment, falls within the Daporijo Airfield area; they had put to challenge the aforesaid Memo, dated 05.05.2021, by filing a writ petition being WP(c)91(AP)2022, which was dismissed by the Court vide order, dated 10.08.2022, being devoid of merit, on the ground that no such allotment can be given to the petitioners by the Deputy Commissioner, Daporijo, as the area, they are seeking for allotment of land, falls within the Daporijo Airfield area.

During the course of hearing, Mr. Pritam Taffo, learned counsel for the petitioners in WP(c)91(AP)2022, however, had submitted that several land allotments Page No.# 5/6 had been issued to other persons in the same Daporijo Airfield area by the Deputy Commissioner, Daporijo.

When such submission was advanced by Mr. Taffo, learned counsel for the petitioners in WP(c)91(AP)2022, Ms. Ete, learned Addl. Senior Government Advocate, defending the State, had submitted that the process for cancellation of all such land allotments issued to other persons within the Daporijo Airfield area, have been initiated by the Deputy Commissioner, Daporijo.

On such submission made by the learned Addl. Senior Government Advocate, liberty was granted to the petitioners in WP(c)91(AP)2022, to approach this Court again, in the event, the land allotments given to the other persons in the Daporijo Airfield area are not cancelled by the respondent authorities.

The petitioners in WP(c)91(AP)2022, have now again approached this Court, by contending that the Deputy Commissioner, Daporijo, has not cancelled the land allotments given to the other persons in the Daporijo Airfield area and therefore, to direct the Deputy Commissioner, Daporijo, to issue land allotments to the writ petitioners, herein, also, in the Daporijo Airfield area, as have been issued to the other persons by the Deputy Commissioner, Daporijo.

The persons, who the petitioners, alleges to have been issued with the land allotment orders, have not been arrayed as respondents in this writ petition.

Liberty to the petitioners in the earlier writ petition was granted to approach this Court again for challenging the land allotments given to the persons in the Daporijo Airfield area by the Deputy Commissioner, Daporijo. Page No.# 6/6 The petitioners, instead of challenging the non-cancellation of the land allotment orders issued by the Deputy Commissioner, Daporijo, to the other persons in the Daporijo Airfield area, have prayed for a direction to the Deputy Commissioner, Daporijo, to issue the land allotment orders to them within the Daporijo Airfield area where other persons have been issued with such land allotment orders.

Upon consideration of the contentions raised; I am of the considered view that no such direction can be given to the Deputy Commissioner, Daporijo, to issue the land allotment orders to the petitioners within the Daporijo Airfield area, which, according to the Deputy Commissioner, Daporijo, cannot be allotted to the petitioners.

The writ petition accordingly stands dismissed being found devoid of merit.

Needless to say that since in WP(c)91(AP)2022, the learned Addl. Senior Government Advocate had already apprised this Court that the process to cancel the land allotment orders given to the other persons within the Daporijo Airfield area have already been initiated by the Deputy Commissioner, Daporijo; the Deputy Commissioner, Daporijo, is hereby directed to complete the process of cancellation of the land allotment orders given to the other persons in the Daporijo Airfield area as expeditiously as possible.

The writ petition is disposed of in terms above.

JUDGE Comparing Assistant

Page No.# 1/6 GAHC040004232023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 166/2023 1:Tadak Dupit and 11 Ors. S/o Tapor Dupit, Village Dupit, PO/PS Taliha, Upper Subansiri, Arunachal Pradesh. 2: Yagum Bui W/o Shri Haruk Bui Tator Village Bui PO/PS Dumporijo 3: Yama Dupit D/o Tagium Motu Resident of Sigin Part III 4: Ania Dupit Muri W/o Shri Tadam Muir Resident of Golden Market 5: Debon Siga S/o Todak Siga Page No.# 2/6 Resident of Ganga Colony 6: Yangam Taring W/o Shri Tape Taring Pombu Resident of Daporijo Near Police Station 7: Tingi Gongo S/o Lt. Doten Gongo Resident of Ganga Colony 8: Poken Sindak S/o Tapor Sindak Resident of Nyimko Colony 9: Tasa Taring S/o Tajum Taring Resident of New Bazar Line 10: Yapop Ribi W/o Talo Tibi Resident of Tigri Colony Page No.# 3/6 11: Yanga Duchok W/o Tai Duchok Resident of Daporijo near RWD Colony 12: Chani Riamuk S/o Tacha Taring Resident of New Bazar Line Arunachal Pradesh VERSUS 1:THE STATE OF AP and 2 Ors. Represented by the Secretary, Land Management, Govt. of Arunachal Pradesh, Itanagar. 2:The Deputy Commissioner Upper Subansiri District Daporijo 3:The Deputy Commissioner Upper Subansiri District Daporijo 4:The District Land Revenue and Settlement Officer Upper Subansiri District Daporijo Arunachal Pradesh Advocate for the Petitioner : Pritam Taffo Minter Karbak Eho Menjo Page No.# 4/6 V Mandal Advocate for the Respondent : GA (AP) Dugmar Kamduk SC(LM) BEFORE HONBLE MR. JUSTICE NANI TAGIA