Dorjee Tsering and 9 Ors v. The Union of India and 8 Ors

ORDER Date : 13.05.2024

Heard Mr. B. Picha, learned counsel for the applicants. Also Heard Mr. M. Kato, learned DSGI for the respondent Nos. 1 to 6; Mr. D. Kamduk, learned Standing Counsel, Land Management Department, for the respondent Nos. 7 & 8 and Mr. I. Riram, learned counsel for the respondent No. 9. Page No.# 6/7

¶2This is an application filed under Order I Rule 10 of Civil Procedure Code, 1908, praying to implead the names mention herein below:-

(i) The General Officer in Command-5 Mountain Brigade Division, Indian Army, C/O-99APO, Station Headquarter Tenga, P/O-Tenga, District West Kameng, Arunachal Pradesh-790001, as the respondent No. 10.

(ii) The Commander, 190 Mountain Brigade, Indian Army, C/O-99APO, Station Headquarter Tawang, P/O-P/S-Tawang, District Tawang, Arunachal Pradesh-790104, as the respondent No. 11.

(iii) The Administrative Commander, 190 Mountain Brigade, Indian Army, C/O-99APO, Station Headquarter Tawang, P/O-P/S-Tawang, District, Tawang, Arunachal Pradesh-790104, as the respondent No. 12.

¶3It is submitted by the learned counsel for the applicants, that they are the necessary parties, as the Station Head would be able to represent the Indian Army who are in possession of the community land of the applicants located at Nagulla, Y-Junction, Klemta, Khamakher, Assam Hill, Bakri Top and Bumla area of Tawang Division.

¶5In this regard, the learned counsel for the respondents has no objection against the prayer made by the learned counsel for the applicants. Page No.# 7/7

¶6Considering the submissions made at the bar with circumspection, the Interlocutory Application stands allowed with a prayer to implead the necessary parties.

¶7Accordingly, The General Officer, The Commander and The Administrative Commander are allowed to be impleaded as the respondent Nos. 10, 11 & 12, in the connected WP(C)/312(AP)/2023.

¶8The learned counsel for the applicants to file their amended cause title.

The Interlocutory Applications stands disposed of in terms of above. JUDGE Comparing Assistant

Page No.# 1/7 GAHC040008892023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/77/2024 Dorjee Tsering and 9 Ors Age: 61 Address:Son of Lt. Kersang Tsering Permanent Resident of Village Bumteng PO Lemberdung PS Tawang Arunachal Pradesh. 2: Lham Goley Age: 61 Address:Son of Lt. Leki Wangchu Permanent Resident of Village Khartoth PO/PS Tawang Arunachal Pradesh. 3: Sang Tashi Age: 55 Address:Son of Lt. Sonam Tsering Permanent Resident of Village Yubu PO Bomdir Supply PS Tawang Page No.# 2/7 Arunachal Pradesh. 4: Dorjee Tsering Age: 35 Address:Son of Lt. Sangey Wangchu Permanent Resident of Village Audung PO Kitpi PS Tawang Arunachal Pradesh. 5: Genden Dorjee Age: 60 Address:S/o Lt. Jambey Yeshi Permanent Resident of Village Baikhar PO Kitpi PS Tawang Arunachal Pradesh. 6: Lobsang Norbu Age: 71 Address:Son of Lt. Sang Dakpa Permanent Resident of Village Jamkhar PO Kitpi PS Tawang Arunachal Pradesh. 7: Yeshi Tsering Age: 46 Address:Son of Lt. Lama Na Permanent Resident of Village Shernup PO Kitpi PS Tawang Arunachal Pradesh. Page No.# 3/7 8: Sangey Lungten Age: 37 Address:S/o Lt. Sang Tsewang Permanent Resident of Village Khardung PO Kitpi PS Tawang Arunachal Pradesh. 9: Koncho Dorjee Age: 36 Address:S/o Lt. Khandu Tsering Permanent Resident of Village Khartoth PO/PS Tawang Arunachal Pradesh. 10: Rinchin Tsering Age: 36 Address:S/o Sang Phuntso Permanent Resident of Village Shernup PO Kitpi PS Tawang Arunachal Pradesh. VERSUS The Union of India and 8 Ors Age: 0 Address:Represented by the Secretary Ministry of Defence Sena Bhavan Govt. of India New Delhi 110011 2:The Secretary Age: 0 Page No.# 4/7 Address:Ministry of Home Affairs Govt. of India North Block Cabinet Secretariat Raisina Hill New Delhi 110001 3:the Directorate General Age: 0 Address:Defence Estates Raksha Sampada Bhawan Ulaanbaatar Marg Delhi Cantt 110010 4:The Director Age: 0 Address:Intelligence Bureau 35 Sadar Patel Marg New Delhi 110021 5:The Defence Estate Officer Age: 0 Address:Cole Park Road Tezpur PO/PS Tezpur District Sonitpur Assam 784001 6:The Assistant Director Age: 0 Address:Subsidiary Intelligence Bureau (SIB) Ministry of Home Affairs Station Tawang PO/PS Tawang Arunachal Pradesh 790104 7:THE STATE OF AP Age: 0 Page No.# 5/7 Address:Represented by the Commissioner/Secretary Land Management Govt. of Arunachal Pradesh Office at Civil Secretariat District Papum Pare Arunachal Pradesh Itanagar 791111 8:The Director Age: 0 Address:Land Management Govt. of Arunachal Pradesh District Papum Pare Arunachal Pradesh Itanagar 791111 9:The Deputy Commissioner Age: 0 Address:Tawang PO Tawang Arunachal Pradesh 790104 ------------ Advocate for : Binter Picha Advocate for : Marto Kato appearing for The Union of India and 8 Ors: BEFORE HONBLE MRS. JUSTICE SUSMITA PHUKAN KHAUND