Creasan Ritti and 9 Ors v. The Union of India and 9 Ors

ORDER Date : 23.07.2024

Heard Mr. T. Bagang, learned counsel for the petitioners. Also heard Mr. M. Kato, learned DSGI representing the respondents no. 1, 2 & 8 and Mr. G. Tarak, learned Standing Counsel for the Rural Work Department representing the respondents no. 3, 6, 9 & 10 as well as Mr. Y. Riram, learned Government Advocate appearing for the respondents no. 4 & 5. None has appeared for the respondent no. 7.

¶2The petitioners in the present proceeding had also instituted WP(C)/273(AP)/2024, inter alia, assailing therein, the action on the part of the respondent authorities in proceeding to finalize the tenders as received in pursuance to the NIT dated 11.03.2024, under challenge in the present Page No.# 4/6 proceeding.

¶3This Court, vide order dated 18.07.2024, was pleased to dispose of the said writ petition with a direction to the petitioners herein to submit a representation, highlighting the violations so committed by the respondent authorities in the matter while proceeding to process the matter for construction of roads in the villages of the petitioners under "Vibrant Village Programme".

¶4The observations and directions as passed by this Court, vide the order dated 18.07.2024 in WP(C)/274(AP)/2024, being relevant, are extracted herein below:- "8. In view of the said contentions raised by the petitioners herein, this Court had vide an order dated 16.07.2024 required Mr. G. Tarak, learned Standing counsel, RWD, to place on record, instructions as regards the manner in which the Guidelines of the 'Vibrant Villages Programme' were so complied with, prior to the issuance of the NIT dated 12.03.2024. Mr. Tarak, learned Standing counsel, RWD, on instructions has submitted that the Secretary to the Government of Arunachal Pradesh, RWD Department has vide a communication dated 16.07.2024, informed the Chief Engineer, PMGSY, RWD, to hold the tender process so issued in respect of construction of roads under the 'Vibrant Villages Programme' scheme, till the representation/petition of the petitioners as received in the matter from persons so having grievance are disposed of.

¶9In view of the said position, this Court is of the considered view that the authorities having undertaken to consider the grievances of persons, including the petitioners herein, pertaining to the Page No.# 5/6 construction of roads under the 'Vibrant Village Programme', a consideration on merits of the issues as arising in the present proceedings is not called for in the present proceedings.

¶10In view of the said development taking place in the matter, the petitioners herein are directed to submit a representation before the Secretary to the Government of Arunachal Pradesh, Rural Works Department, highlighting therein, their grievance with regard to the manner in which construction of road under the 'Vibrant Villages Programme' is being so implemented in the respective villages. Such representation be filed on or before 29.07.2024.

¶11The petitioners may also highlight in the said representation the violation so committed by the respondent authorities in the matter while proceeding to process the matter for construction of the roads in the villages of the petitioners under the said 'Vibrant Villages Programme'.

¶12In the event, such further representation is filed by the petitioners, the Secretary to the Government of Arunachal Pradesh, Rural Works Department shall take into consideration the same and thereafter, on considering the grievances as raised in the matter, strictly in the light of the Guidelines pertaining to the 'Vibrant Villages Programme' scheme and of the connected schemes, SOP etc., proceed to dispose of the same by issuance of a speaking order.

¶13The Secretary, Rural Works Department shall initiate the exercise as required of him in terms of the directions as passed hereinabove and conclude the same, with the issuance of a speaking order within a period of 15 (fifteen) days from the date of receipt of a fresh representation from the petitioners herein, along Page No.# 6/6 with the certified copy of this order."

¶5The present writ petition having been instituted by the same very petitioners as involved in WP(C)/273(AP)/2024 and the issues as arising in both the proceedings being same, this writ petition is disposed of by directing that the directions as passed by this Court, vide order dated

18.07.2024 in WP(C)/273(AP)/2024, shall also apply to the present proceeding.

¶6With the above observations and directions, the present writ petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/6 GAHC040004422024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/150/2024 Creasan Ritti and 9 Ors Son of Shri Bomsaiso Ritti, a permanent resident of Rittiliang Village, PO Hayuliang, PS Khupa, Anjaw District, Arunachal Pradesh 2: Sothailum Tabronyu Age: 3: Sore Mepo Age: 4: Nehuso Tabronyu Age: 5: Bafam Kri Age: 6: Bihawaso Pul Age: 7: Jitenso Flakam Age: 8: Bree Flakam Page No.# 2/6 Age: 9: Relangso Chipui Age: 10: Banjunsu Talyu Age: Occupation VERSUS The Union of India and 9 Ors represented by its Secretary, Ministry of Home Affairs, Govt of India. 2:The Union of India Age: 0 3:The State of AP Age: 0 4:The Deputy Commissioner Age: 0 5:The Additional Deputy Commissioner Age: 0 6:The Chieef Engineer Age: 0 7:The Director (Technical NRIDA NORDA) Age: 0 Page No.# 3/6 8:The Second in Command (Vibrant Village Program-I) Age: 0 9:The Superintending Engineer Age: 0 10:The Executive Engineer-cum-DPIU-II Age: 0 Occupation Advocate for the Petitioner : D Mazumdar, Sr. Advocate Advocate for the Respondent : Marto Kato BEFORE HONBLE MR. JUSTICE N. UNNI KRISHNAN NAIR