Shri Jambey Tsering v. The State of Ap and 2 Others

ORDER Date : 16-05-2024 Heard Mr. D. Mazumdar, learned Senior counsel assisted by Mr. S. Biswas, learned counsel for the applicant/petitioner and also heard Ms. G. Ete, learned Additional Senior Government Advocate for the State respondents.

¶2By filing this application, the applicant/petitioner has sought for suspension of the notice No. TLR-07/2018(Part-D)/5410-16 dated

11.10.2023, No. TLR-07/2018(Part-D) dated 20.11.2023 & No. TLR-68/2019(VOL-I)/590-95 dated 07.05.2024 issued by the respondent no. 3, which is annexed in the connected writ petition No. 188/2024.

¶3The contention of the learned Senior counsel for the applicant is that this Court on 13.05.2024 passed an interim order whereby the petitioner has been allowed to continue with the construction of the retaining wall only to prevent the structure from collapsing. According to him, inadvertently, the interim prayer for suspension of notices though were prayed could not be considered. He submits that unless the impugned notices are suspended, the respondent authority may implement the impugned notices by evicting the petitioner, which would deprive his right and the writ petition would be rendered infructuous. Therefore, he prays for suspension of the impugned orders as referred to above. Page No.# 4/4

¶4Ms. G. Ete, learned Additional Senior Government Advocate submits that after considering the entire matter, this Court had passed the interim order on 13.05.2024 directing the petitioner to continue the construction of retaining wall to avoid collapse of the structure on the land. Therefore, she submits that the prayer for stay of the operation of the impugned notices, in essence, deemed to have been rejected.

¶5Having considered the submissions of the learned counsel for the parties and considering the facts and circumstances in the present case, in the interim, it is provided that the parties to maintain status quo as on today.

¶6The interlocutory application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040006252024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/82/2024 Shri Jambey Tsering S/o late Lama Dorjee, resident of Gyangkhar Village, P.O Lemberdung and P.S Tawang District, Arunachal Pradesh. Mobile No. 9362555936 VERSUS The State of AP and 2 Others represented by the Secretary, Department of Land Management, Government of Arunachal Pradesh, Itanagar. 2:The Deputy Commisisoner Age: 0 Occupation : Address:Govt of Arunachal Pradesh Zhitro Tse Tawang District Arunachal Pradesh 3:The Additional Deputy Commissioner cum Estate Officer Age: 0 Occupation : Address:Govt of Arunachal Pradesh Zhitro Tse Tawang District Arunachal Prades Advocate for the Petitioner : G Taloh Page No.# 2/4 Advocate for the Respondent : GA (AP) Linked Case : WP(C)/188/2024 Jambey Tsering Age: 37 Occupation : Address:Son of Late Lama Dorjee a resident of Gyangkhar Village PO Lemberdung PS and District Tawang Arunachal Pradesh VERSUS The State of AP and 2 Ors Age: 0 Occupation : Address:represented by the Secretary Department of Land Management Govt of Arunachal Pradesh Itanagar 2:The Deputy Commisisoner Age: 0 Occupation : Address:Govt of Arunachal Pradesh Zhitro Tse Tawang District Arunachal Pradesh 3:The Additional Deputy Commissioner cum Estate Officer Age: 0 Occupation : Address:Govt of Arunachal Pradesh Zhitro Tse Tawang District Arunachal Pradesh ------------ Advocate for : Gallen Taloh Advocate for : GA (AP) appearing for The State of AP and 2 Ors: Advocate , appearing for 2, 3, respectively. Page No.# 3/4 BEFORE HONBLE MR. JUSTICE KARDAK ETE