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

Page No.# 1/43 GAHC040005332024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/70/2024

¶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.# 2/43 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 Page No.# 3/43 10: Sangha Maya Age: 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 Page No.# 4/43 15: Dalang Tatup Age: Son of Dalang Tanang resident of Village Dalang Koloriang 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 Page No.# 5/43 20: Bamo Tadup Age: Son of Bamo kaha resident of Village Fuba PO and PS Koloriang 21: Bamo Yana 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 Page No.# 6/43 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 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 Page No.# 7/43 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 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 Page No.# 8/43 PO Damin 35: Hinium Takiang Age: Son of Hinium Patum Village Chula PO Damin 36: Hinium Tariu Age: Son of Hinium Tatum Village Tarba 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 Page No.# 9/43 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: 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 Page No.# 10/43 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 Age: Son of Dake Taniok Village Nampep PO Damin 47: Dake Tajit Age: Son of Dake Tawang Village Nampe PO Damin Page No.# 11/43 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 51: Lokam Tatu Age: Son of Shri Lokam Tasuk Village Nampe PO Damin 52: Lokam Tariak Age: Son of Lokam Tadap Village Nampe Page No.# 12/43 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 56: Lokam Kiochak Age: Son of Lokam Tasuk Village Nampe PO Damin Page No.# 13/43 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 PO Damin 61: Huri Tanang Age: Son of Huri Tapum Village Loak Page No.# 14/43 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: Son of Pisa Talok Village Lee PO Sarli Page No.# 15/43 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: Son of late Chello Sakter Village Chello PO and PS Koloriang Page No.# 16/43 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 PO and PS Koloriang Page No.# 17/43 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.# 18/43 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 Page No.# 19/43 resident of Village Sape PO Sarli 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 Page No.# 20/43 90: Pisa Nana Age: Son of Pisa Kafa resident of Village Wabia PO Sarli 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, Page No.# 21/43 Govt of Arunachal Pradesh, Itanagar 2:The Secretary Age: 0 Rural Works Department Govt of Arunachal Pradesh Itanagar 3:The Driector Age: 0 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 Page No.# 22/43 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 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 Page No.# 23/43 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 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 Page No.# 24/43 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 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 Page No.# 25/43 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 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 Page No.# 26/43 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 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 Page No.# 27/43 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 PO and PS Koloriang 31: Hinium Taha Age: 45 Address:Son of Hinium Tajok Village Chula PO Damin 32: Hinium Tadap Age: 51 Page No.# 28/43 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 Village Chula PO Damin 36: Hinium Tariu Age: 29 Address:Son of Hinium Tatum Village Tarba PO Damin Page No.# 29/43 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 Address:Son of Hinium Putum Village Chula PO Damin 41: Hinium Yadam Age: 35 Page No.# 30/43 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 45: Dake Yajum Age: 46 Address:Son of Dake Mangha Village Nampep PO Damin Page No.# 31/43 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 50: Lokam Pacha Age: 35 Page No.# 32/43 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.# 33/43 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 Page No.# 34/43 Address:Son of Damin Tatak 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 Page No.# 35/43 64: Huri Tanang Age: 35 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 Page No.# 36/43 Address:Son of Damin Tatak Village Damin PO Sarli 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 Page No.# 37/43 Address:Son of Late Chello Taka resident of Village Chello PO and PS Koloriang 74: Chello Tokbing Age: 31 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 Page No.# 38/43 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 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 Page No.# 39/43 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 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 Page No.# 40/43 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 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 Page No.# 41/43 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 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 Page No.# 42/43 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 : 26.04.2024 Heard Ms. N. Danggen, learned counsel for the applicants, who has prayed for modification of the interim order dated 23.04.2024, passed in WP(C)No. 171(AP)2024.

¶2The learned counsel submits that vide an Interlocutory Application no. 69/

(AP)2024 filed by the petitioners, this Court had allowed the filing of additional documents and certain modifications to be made in WP(C)No. 171/(AP)2024. Accordingly, the learned counsel for the petitioners had made the modification and amended the WP(C)No. 171/(AP)2024.

¶3The learned counsel for the petitioners submits that on the amendment of WP(C)171/(AP)2024, wherein, certain projects of the NIT No. EE/RWD/LY/Tender-VVP/2023-24, dated 13.03.2024, which were not mentioned in the prayer portion of WP(C)171/(AP)2024 has been included. She therefore, submits that since this Court in its interim order dated 23.04.2024 passed in WP(C)171/(AP)2024 had allowed the stay of the operation of the said NIT dated

13.03.2024 in respect of the Serial nos. 49, 51, 53, 54, 55, 57, 58, 59, 60, 61, 62 & 63, she has prayed that on the amendment of WP(C)171/(AP)2024, the Page No.# 43/43 Serial nos. 52, 56, 68, 69, 70, 71, 72, 73 & 74 may also be included in the interim order dated 23.04.2024, staying the operation of the NIT dated

13.03.2024 in respect of the serial numbers mentioned above.

¶4Mr. G. Tarak, learned Standing counsel for the Rural Works Department is present and submits that since this Court's order dated 23.04.2024 had granted the interim prayer for stay of the operation of some of the projects/packages mentioned in the tender, he has no objection to the instant prayer made by the learned counsel for the petitioners.

¶5In view of the above submissions made by the learned counsels for both the parties, this Court finds it fit to amend its order dated 23.04.2024 by staying of the NIT No. EE/RWD/LY/Tender-VVP/2023-24, dated 13.03.2024 in respect of the Serial nos. 49, 51, 53, 54, 55, 57, 58, 59, 60, 61, 62 & 63 and adding the Serial nos. 52, 56, 68, 69, 70, 71, 72, 73 & 74, which shall be kept in abeyance, till the next returnable date.

¶6It may be noted that the interim stay is with regards to only the serial numbers as noted above and in the order dated 23.04.2024 passed in WP(C)171/(AP)2024.

¶7Accordingly, the interlocutory application stands disposed of. JUDGE Comparing Assistant