Tarba Nikma and 92 Ors v. The State of Ap and 3 Ors

Page No.# 1/40 GAHC040005332024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/69/2024

¶1Tarba Nikma and 92 Ors Son of Tarba Tado, Village Pipa, PO and PS Damin, Kurung Kumey District, 2: Tolum Tapam Age: Son of Tolum Sopin Village Pipa PO and PS Damin 3: Tarba Todo Age: Son of Tarba Marik Village Pipa PO and PS Damin 4: Tolum Tapam II Age: Son of Tolum Tasap Village Pipa PO and PS Damin Page No.# 2/40 5: Tarba Yapar Age: Wife of Bamo Ninyu Village Pipa PO and PS Damin 6: Tolum Bai Age: Son of Tolum Tasap Village Pipa PO and PS Damin 7: Sale Papang Age: Son of Sale Nikma Village Pipa PO and PS Damin 8: Tolum Roruk Age: Son of Shri Tolum Taluk Village Pipa PO and PS Damin 9: Sale Kaku Age: Son of Sale Nikma Village Pipa PO and PS Damin 10: Sangha Maya Age: Page No.# 3/40 Wife of Sangha Poshi Village Mangio PO and PS Parsi Parlo 11: Sangha Kiopik Age: Son of Shri Sangha Loma Village Mangio PO and PS Parsi Parlo 12: Bake Tama Age: Son of Bake Talik resident of Village Rasik PO and PS Koloriang 13: Bake Talom Age: Son of Bake Talik resident of Village Rasik PO and PS Koloriang 14: Bake Tayup Age: Son of Bake Tanang resident of Village Rasik PO and PS Koloriang 15: Dalang Tatup Age: Son of Dalang Tanang resident of Village Dalang Koloriang Page No.# 4/40 16: Longda Tapok Age: Son of Late Langda Tama Village Tongbia PO and PS Koloriang 17: Sangha Maya Age: Wife of Sangha Poshi Village Mangio PO and PS Parsi Parlo 18: Sanghe Kiopik Age: Son of Sangha Loma Village Mangiop PO and PS Parsi Parlo 19: Bamo Takar Age: Son of Shri Bamo Niayu resident of Village Fuba PO and PS Koloriang 20: Bamo Tadup Age: Son of Bamo kaha resident of Village Fuba PO and PS Koloriang 21: Bamo Yana Page No.# 5/40 Age: Wife of Bamo Kaha resident of Village Fuba PO and PS Koloriang 22: Bamo Yame Age: Wife of Bamo Kaha resident of Village Fuba PO and PS Koloriang 23: Bamo Joshep Age: Son of Bamo Niayu resident of Village Fuba PO and PS Koloriang 24: Bamo Yakio Age: Wife of Bamo Niayu resident of Village Fuba PO and PS Koloriang 25: Bamo Yaku-1 Age: Wife of Bamo Tari resident of Village Fuba PO and PS Koloriang 26: Bamo Yaku -2 Age: Wife of Bamo Tagar Page No.# 6/40 resident of Village Fuba PO and PS Koloriang 27: Bamo Tada Age: Son of Bamo Tokpe resident of Village Fuba PO and PS Koloriang 28: Bamo Tatak Age: Son of Bamo Niayu resident of Village Fuba PO and PS Koloriang 29: Bamo Nado Age: Wife of Bamo Tarak resident of Village Fuba PO and PS Koloriang 30: Bamo Tapang Age: Son of Bamo Niayu resident of Village Fuba PO and PS Koloriang 31: Hinium Taha Age: Son of Hinium Tajok Village Chula PO Damin Page No.# 7/40 32: Hinium Tadap Age: Son of Hinium Talar Village Chula PO Damin 33: Hinium Tapok Age: Son of Hinium Taruk Village Chula PO Damin 34: Hinium Tama Age: Son of Hinium Roi Village Chula PO Damin 35: Hinium Takiang Age: Son of Hinium Patum Village Chula PO Damin 36: Hinium Tariu Age: Son of Hinium Tatum Village Tarba Page No.# 8/40 PO Damin 37: Lebong Tage Age: Son of Lebong Tasok Village Tarba PO Damin 38: Lokam Anshu Age: Wife of Lokam Sakma Village Chula PO Damin 39: Koria Tama Age: Son of Koria Tania Village Tarba PO Damin 40: Hinium Tana Age: Son of Hinium Putum Village Chula PO Damin 41: Hinium Yadam Age: Page No.# 9/40 Wife of Hinium Tatup Village Chula PO Damin 42: Hinium Tagar Age: Son of Hinium Tatup Village Chula PO Damin 43: Bamang Takar Age: Son of Bamang Kachang Village Nampe PO Damin 44: Yangda Tado Age: Son of Yangda Tasuk Village Nampep PO Damin 45: Dake Yajum Age: Son of Dake Mangha Village Nampep PO Damin 46: Dake Aying Page No.# 10/40 Age: Son of Dake Taniok Village Nampep PO Damin 47: Dake Tajit Age: Son of Dake Tawang Village Nampe PO Damin 48: Dake Naji Age: Son of Nikja Tasi Village Nampe PO Damin 49: Nikja Takap Age: Son of Lokam Tabing Village Nampe PO Damin 50: Lokam Pacha Age: Son of Lokam Tasuk Village Nampe PO Damin Page No.# 11/40 51: Lokam Tatu Age: Son of Shri Lokam Tasuk Village Nampe PO Damin 52: Lokam Tariak Age: Son of Lokam Tadap Village Nampe PO Damin 53: Lokam Takar Age: Son of Lokam Tabong Village Nampe PO Damin 54: Lokam Takap Age: Son of Lokam Tasuk Village Nampe PO Damin 55: Lokam Yanu Age: D/o lokam Tasuk Village Nampe PO Damin Page No.# 12/40 56: Lokam Kiochak Age: Son of Lokam Tasuk Village Nampe PO Damin 57: Damin Tachung Age: Son of Damin Tadap Village Damin PO Damin 58: Damin Takap Age: Son of Damin Tadap Village Damin PO Damin 59: Damin Tayu Age: Son of Damin Tatak Village Damin PO Damin 60: Damin Sanu Age: Son of Damin Tasap Village Damin Page No.# 13/40 PO Damin 61: Huri Tanang Age: Son of Huri Tapum Village Loak PO Sarli 62: Huri Logu Age: Son of Huri Tasam Village Loak PO Sarli 63: Huri Taguk Age: Son of Huri Tasam Village Loak PO Sarli 64: Huri Tanang Age: Son of Huri Bongi Village Chate PO Sarli 65: Pisa Langlang Age: Page No.# 14/40 Son of Pisa Talok Village Lee PO Sarli 66: Pisa Logi Age: Son of Pisa Tasap Village Chate PO Sarli 67: Lokam Takuk Age: Son of lokam Tari Village Chiya PO Sarli 68: Damin Chatum Age: Son of Damin Tatak Village Damin PO Sarli 69: Chello Pemis Age: Son of Late Chello Sakter Village Chello PO and PS Koloriang 70: Chello Tangah Age: Page No.# 15/40 Son of late Chello Sakter Village Chello PO and PS Koloriang 71: Chello Tagar Age: Son of Chello Sakter Village Chello PO and PS Koloriang 72: Chello Chaying Age: Son of Late Chello Tatak Village Chello PO and PS Koloriang 73: Chello Tadh Age: Son of Late Chello Taka resident of Village Chello PO and PS Koloriang 74: Chello Tokbing Age: Son of Chello Tasi esident of Village Chello PO and PS Koloriang 75: Chello Nikam Age: Son of Chello Nikte resident of Village Chello Page No.# 16/40 PO and PS Koloriang 76: Sariu Mefi Age: Son of Late Sariu Tami resident of Village Tabumha PO and PS Koloriang 77: Sariu Togru Age: Son of Late Sariu Tami resident of Village Tabumha PO and PS Koloriang 78: Bengia Takar Age: Son of Late Bengia Tabung resident of Village Tayang PO and PS Koloriang 79: Sariu Charchang Age: Son of Late Sariu Bangni resident of Village Kachangjane PO and PS Koloriang 80: Bengia Pande Age: Son of Shri Bengia Pumto resident of Village Tayang PO and PS Koloriang Page No.# 17/40 81: Bagang Kai Age: Son of Late Bagang Sopia resident of Village Tabumha PO and PS Koloriang 82: Wahi Takiang Age: Son of Late Wahi Kachu resident of Village Najibibok PO and PS Koloriang 83: Milli Katap Age: Son of Late Milli Lering resident of Village Milli PO Sarli 84: Sape Mama Age: Son of Sape Mupam resident of Village Sape PO Sarli 85: Sape Kambe Age: Son of Sape Tani resident of Village Sape PO Sarli Page No.# 18/40 86: Sape Tani (GB) Age: Son of Sape Kangeng resident of Village Sape PO Sarli 87: Milli Dangdang Age: Son of Milli Jaku resident of Village Milli PO Sarli 88: Milli Babing Age: Son of Milli Siniong resident of Village Machane PO Sarli 89: Waru Logu Age: Son of Waru Tadek Niania resident of Village Waru PO Sarli 90: Pisa Nana Age: Son of Pisa Kafa resident of Village Wabia PO Sarli Page No.# 19/40 91: Pisa Kamin Age: Son of Late Pisa Taja resident of Village Wabia PO Sarli 92: Pisa Tagar Age: Son of Pisa Along resident of Village Wabia PO Sarli 93: Tamin Tani Age: Son of Tami Tagik resident of Village Wabia PO Sarli Arunachal Prades VERSUS The State of AP and 3 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar 2:The Secretary Age: 0 Rural Works Department Govt of Arunachal Pradesh Itanagar 3:The Driector Age: 0 Page No.# 20/40 Rural Work Department Govt of Arunachal Pradesh Itanagar 4:The Executive Enigneer Age: 0 Rural Work Department Laaying Yangte Division Govt of Arunachal Prades Advocate for the Petitioner : Ms. N. Danggen Honi Tana Tara Advocate for the Respondent : Mr. G. Tarak, SC. RWD (AP) Linked Case : WP(C)/171/2024 Tarba Nikma and 92 Ors Age: 38 Address:Son of Tarba Tado Village Pipa PO and PS Damin 2: Tolum Tapam Age: 40 Address:Son of Tolum Sopin Village Pipa PO and PS Damin 3: Tarba Todo Age: 62 Address:Son of Tarba Marik Village Pipa PO and PS Damin Page No.# 21/40 4: Tolum Tapam II Age: 37 Address:Son of Tolum Tasap Village Pipa PO and PS Damin 5: Tarba Yapar Age: 36 Address:Wife of Bamo Ninyu Village Pipa PO and PS Damin 6: Tolum Bai Age: 42 Address:Son of Tolum Tasap Village Pipa PO and PS Damin 7: Sale Papang Age: 63 Address:Son of Sale Nikma Village Pipa PO and PS Damin 8: Tolum Roruk Age: 59 Address:Son of Shri Tolum Taluk Village Pipa PO and PS Damin 9: Sale Kaku Page No.# 22/40 Age: 52 Address:Son of Sale Nikma Village Pipa PO and PS Damin 10: Sangha Maya Age: 35 Address:Wife of Sangha Poshi Village Mangio PO and PS Parsi Parlo 11: Sangha Kiopik Age: 31 Address:Son of Shri Sangha Loma Village Mangio PO and PS Parsi Parlo 12: Bake Tama Age: 30 Address:Son of Bake Talik resident of Village Rasik PO and PS Koloriang 13: Bake Talom Age: 28 Address:Son of Bake Talik resident of Village Rasik PO and PS Koloriang 14: Bake Tayup Age: 21 Address:Son of Bake Tanang Page No.# 23/40 resident of Village Rasik PO and PS Koloriang 15: Dalang Tatup Age: 46 Address:Son of Dalang Tanang resident of Village Dalang Koloriang 16: Longda Tapok Age: 49 Address:Son of Late Langda Tama Village Tongbia PO and PS Koloriang 17: Sangha Maya Age: 35 Address:Wife of Sangha Poshi Village Mangio PO and PS Parsi Parlo 18: Sanghe Kiopik Age: 37 Address:Son of Sangha Loma Village Mangiop PO and PS Parsi Parlo 19: Bamo Takar Age: 27 Address:Son of Shri Bamo Niayu resident of Village Fuba PO and PS Koloriang Page No.# 24/40 20: Bamo Tadup Age: 30 Address:Son of Bamo kaha resident of Village Fuba PO and PS Koloriang 21: Bamo Yana Age: 30 Address:Wife of Bamo Kaha resident of Village Fuba PO and PS Koloriang 22: Bamo Yame Age: 40 Address:Wife of Bamo Kaha resident of Village Fuba PO and PS Koloriang 23: Bamo Joshep Age: 18 Address:Son of Bamo Niayu resident of Village Fuba PO and PS Koloriang 24: Bamo Yakio Age: 30 Address:Wife of Bamo Niayu resident of Village Fuba PO and PS Koloriang 25: Bamo Yaku-1 Age: 30 Page No.# 25/40 Address:Wife of Bamo Tari resident of Village Fuba PO and PS Koloriang 26: Bamo Yaku -2 Age: 27 Address:Wife of Bamo Tagar resident of Village Fuba PO and PS Koloriang 27: Bamo Tada Age: 21 Address:Son of Bamo Tokpe resident of Village Fuba PO and PS Koloriang 28: Bamo Tatak Age: 18 Address:Son of Bamo Niayu resident of Village Fuba PO and PS Koloriang 29: Bamo Nado Age: 28 Address:Wife of Bamo Tarak resident of Village Fuba PO and PS Koloriang 30: Bamo Tapang Age: 20 Address:Son of Bamo Niayu resident of Village Fuba Page No.# 26/40 PO and PS Koloriang 31: Hinium Taha Age: 45 Address:Son of Hinium Tajok Village Chula PO Damin 32: Hinium Tadap Age: 51 Address:Son of Hinium Talar Village Chula PO Damin 33: Hinium Tapok Age: 43 Address:Son of Hinium Taruk Village Chula PO Damin 34: Hinium Tama Age: 27 Address:Son of Hinium Roi Village Chula PO Damin 35: Hinium Takiang Age: 38 Address:Son of Hinium Patum Page No.# 27/40 Village Chula PO Damin 36: Hinium Tariu Age: 29 Address:Son of Hinium Tatum Village Tarba PO Damin 37: Lebong Tage Age: 47 Address:Son of Lebong Tasok Village Tarba PO Damin 38: Lokam Anshu Age: 34 Address:Wife of Lokam Sakma Village Chula PO Damin 39: Koria Tama Age: 56 Address:Son of Koria Tania Village Tarba PO Damin 40: Hinium Tana Age: 30 Page No.# 28/40 Address:Son of Hinium Putum Village Chula PO Damin 41: Hinium Yadam Age: 35 Address:Wife of Hinium Tatup Village Chula PO Damin 42: Hinium Tagar Age: 28 Address:Son of Hinium Tatup Village Chula PO Damin 43: Bamang Takar Age: 33 Address:Son of Bamang Kachang Village Nampe PO Damin 44: Yangda Tado Age: 41 Address:Son of Yangda Tasuk Village Nampep PO Damin Page No.# 29/40 45: Dake Yajum Age: 46 Address:Son of Dake Mangha Village Nampep PO Damin 46: Dake Aying Age: 36 Address:Son of Dake Taniok Village Nampep PO Damin 47: Dake Tajit Age: 40 Address:Son of Dake Tawang Village Nampe PO Damin 48: Dake Naji Age: 37 Address:Son of Nikja Tasi Village Nampe PO Damin 49: Nikja Takap Age: 38 Address:Son of Lokam Tabing Village Nampe PO Damin Page No.# 30/40 50: Lokam Pacha Age: 35 Address:Son of Lokam Tasuk Village Nampe PO Damin 51: Lokam Tatu Age: 33 Address:Son of Shri Lokam Tasuk Village Nampe PO Damin 52: Lokam Tariak Age: 28 Address:Son of Lokam Tadap Village Nampe PO Damin 53: Lokam Takar Age: 28 Address:Son of Lokam Tabong Village Nampe PO Damin 54: Lokam Takap Age: 42 Address:Son of Lokam Tasuk Village Nampe PO Damin Page No.# 31/40 55: Lokam Tanu Age: 29 Address:D/o lokam Tasuk Village Nampe PO Damin 56: Lokam Kiochak Age: 27 Address:Son of Lokam Tasuk Village Nampe PO Damin 57: Damin Tachung Age: 38 Address:Son of Damin Tadap Village Damin PO Damin 58: Damin Takap Age: 28 Address:Son of Damin Tadap Village Damin PO Damin 59: Damin Tayu Age: 40 Address:Son of Damin Tatak Page No.# 32/40 Village Damin PO Damin 60: Damin Sanu Age: 40 Address:Son of Damin Tasap Village Damin PO Damin 61: Huri Tanang Age: 40 Address:Son of Huri Tapum Village Loak PO Sarli 62: Huri Logu Age: 46 Address:Son of Huri Tasam Village Loak PO Sarli 63: Huri Taguk Age: 32 Address:Son of Huri Tasam Village Loak PO Sarli 64: Huri Tanang Age: 35 Page No.# 33/40 Address:Son of Huri Bongi Village Chate PO Sarli 65: Pisa Langlang Age: 54 Address:Son of Pisa Talok Village Lee PO Sarli 66: Pisa Logi Age: 38 Address:Son of Pisa Tasap Village Chate PO Sarli 67: Lokam Takuk Age: 42 Address:Son of lokam Tari Village Chiya PO Sarli 68: Damin Chatum Age: 32 Address:Son of Damin Tatak Village Damin PO Sarli Page No.# 34/40 69: Chello Pemis Age: 41 Address:Son of Late Chello Sakter Village Chello PO and PS Koloriang 70: Chello Tangah Age: 54 Address:Son of late Chello Sakter Village Chello PO and PS Koloriang 71: Chello Tagar Age: 48 Address:Son of Chello Sakter Village Chello PO and PS Koloriang 72: Chello Chaying Age: 60 Address:Son of Late Chello Tatak Village Chello PO and PS Koloriang 73: Chello Tadh Age: 63 Address:Son of Late Chello Taka resident of Village Chello PO and PS Koloriang 74: Chello Tokbing Age: 31 Page No.# 35/40 Address:Son of Chello Tasi esident of Village Chello PO and PS Koloriang 75: Chello Nikam Age: 30 Address:Son of Chello Nikte resident of Village Chello PO and PS Koloriang 76: Sariu Mefi Age: 34 Address:Son of Late Sariu Tami resident of Village Tabumha PO and PS Koloriang 77: Sariu Togru Age: 40 Address:Son of Late Sariu Tami resident of Village Tabumha PO and PS Koloriang 78: Bengia Takar Age: 33 Address:Son of Late Bengia Tabung resident of Village Tayang PO and PS Koloriang 79: Sariu Charchang Age: 40 Address:Son of Late Sariu Bangni resident of Village Kachangjane PO and PS Koloriang Page No.# 36/40 80: Bengia Pande Age: 32 Address:Son of Shri Bengia Pumto resident of Village Tayang PO and PS Koloriang 81: Bagang Kai Age: 41 Address:Son of Late Bagang Sopia resident of Village Tabumha PO and PS Koloriang 82: Wahi Takiang Age: 59 Address:Son of Late Wahi Kachu resident of Village Najibibok PO and PS Koloriang 83: Milli Katap Age: 32 Address:Son of Late Milli Lering resident of Village Milli PO Sarli 84: Sape Mama Age: 42 Address:Son of Sape Mupam resident of Village Sape PO Sarli Page No.# 37/40 85: Sape Kambe Age: 31 Address:Son of Sape Tani resident of Village Sape PO Sarli 86: Sape Tani (GB) Age: 63 Address:Son of Sape Kangeng resident of Village Sape PO Sarli 87: Milli Dangdang Age: 42 Address:Son of Milli Jaku resident of Village Milli PO Sarli 88: Milli Babing Age: 26 Address:Son of Milli Siniong resident of Village Machane PO Sarli 89: Waru Logu Age: 43 Address:Son of Waru Tadek Niania resident of Village Waru PO Sarli Page No.# 38/40 90: Pisa Nana Age: 18 Address:Son of Pisa Kafa resident of Village Wabia PO Sarli 91: Pisa Kamin Age: 18 Address:Son of Late Pisa Taja resident of Village Wabia PO Sarli 92: Pisa Tagar Age: 18 Address:Son of Pisa Along resident of Village Wabia PO Sarli 93: Tamin Tani Age: 24 Address:Son of Tami Tagik resident of Village Wabia PO Sarli VERSUS The State of AP and 3 Ors Age: 0 Page No.# 39/40 Address:represented by the Chief Secretary Govt of Arunachal Pradesh Itanagar 2:The Secretary Age: 0 Address:Rural Works Department Govt of Arunachal Pradesh Itanagar 3:The Driector Age: 0 Address:Rural Work Department Govt of Arunachal Pradesh Itanagar 4:The Executive Enigneer Age: 0 Address:Rural Work Department Laaying Yangte Division Govt of Arunachal Pradesh Advocate for : Nikita Danggen Advocate for : GA (AP) appearing for The State of AP and 3 Ors: Advocate , appearing for 2, 3, 4, respectively.

BEFORE HONBLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 25.04.2024

Heard Ms. N. Danggen, learned counsel for the applicants who has filed the instant application under Order VI Rule 17 of the Code of Civil Procedure, 1908 for amendment of the writ petition. Ms. Danggen, learned counsel submits that the proposed amendments which is required to be made has been highlighted in "Paragraph 6" of the Page No.# 40/40 interlocutory application and to allow the annexures of some documents which were inadvertently left out in the writ petition and submits that the amendments are necessary to determine the real questions of controversy in the writ petition. Mr. G. Tarak, learned standing counsel for the RWD Department appearing for the respondents is present. Copy of the interlocutory application is duly furnished to him and therefore, formal notice is not required. Mr. Tarak, learned standing counsel submits that they have no objection to the proposed amendments made by the applicants. In view of the above submissions, the application made for amendments as highlighted in the "Paragraph 6" of the application and annexures of additional documents are duly allowed and, accordingly, an additional affidavit is to be filed incorporating the amendments along with the additional documents in the WP(C)171(AP)2024. Accordingly, the IA(C)69(AP)2024 stands allowed and disposed of.

JUDGE Comparing Assistant