Dondup Jamchen v. The Union of India and 9 Ors

ORDER Date : 18.07.2023 (NaniTagia, J) Heard Mr. O. Duggong, learned counsel for the applicant. Also heard Mr. M. Kato, learned DSGI representing the opposite party Nos. 1 to 6 and Mr. D. Kamduk, learned standing counsel for the Land Management Department representing the opposite party Nos. 8 & 9 as well as Ms. G. Ete, learned Addl. Senior Government Advocate representing the opposite party Nos. 7 &

¶10This is an application, under Section 5 of the Limitation Act 1963, praying for condonation of delay of 313 days, in filing the Writ Appeal No. 18/ Page No.# 6/6

(AP)2023, which appeal is directed against the Judgment and Order dated

14.06.2022, passed by the learned Single Bench in WP(C) No. 493/(AP)2019 The learned counsels for the respondents submit that they have no objection if delay of 313 days, in filing the instant Writ Appeal is condoned. Upon hearing the learned counsel for the parties and on perusal of the explanation provided in the accompanying application, we are satisfied that the applicant was prevented by a sufficient cause in not preferring the writ appeal No. 18/(AP)2023 with the stipulated time. Accordingly, delay of 313 days in filing the Writ Appeal No. 18/(AP)2023, which appeal is directed against the Judgment and Order dated 14.06.2022, passed by the learned Single Bench in WP(C) No. 493/(AP)2019, hereby, is condoned in the interest of justice. Interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant

Page No.# 1/6 GAHC040006552023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/88/2023 Dondup Jamchen S/o Chime Dorjee Village Gelling, PO/PS Tuting, District Upper Siang, Arunachal Pradesh. VERSUS The Union of India and 9 Ors. Through Cabinet Secretary to the Govt. of India, Cabinet Secretariat, Rashtrapati Bhawan, New Delhi 110004 2:The Defence Secretary 3:The Director General Defence Estates 4:The Principal Director 5:The Defence Estates Officer 6:The Commanding Officer Page No.# 2/6 7:The Chief Secretary 8:The Secretary 9:The Director 10:The Deputy Commissioner Occupation Advocate for the Petitioner : Nikita Danggen Advocate for the Respondent : Marto Kato Linked Case : WA/18/2023 Dondup Jamchen Age: 51 Address:S/o Chime Dorjee Village Gelling PO/PS Tuting District Upper Siang VERSUS THE UNION OF INDIA and 9 Ors. Address:Through Cabinet Secretary to the Govt. of India Cabinet Secretariat Rashtrapati Bhawan New Delhi 110004 2:The Defence Secretary Page No.# 3/6 Address:Ministry of Defence Govt. of India 101 A South Block New Delhi 110011 3:The Director General Defence Estates Address:Raksha Sampada Bhawan Ulaanbaatar Road Ministry of Defence Delhi Cantt. 110010 4:The Principal Director Address:Defence Estates Eastern Command Ministry of Defence 13 Camac Steeet 7th Floor Kolkata 700013 5:The Defence Estates Officer Address:Itanagar Circle Camp at Model Village Naharlagun Arunachal Pradesh 791110 6:The Commanding Officer Address:8th Maratha Light Infantry Regiment Tuting Upper Siang District 7:The Chief Secretary Address:Govt. of Arunachal Pradesh Itanagar PO/PS Itanagar Page No.# 4/6 Papum Pare District 8:The Secretary Address:Land Management Govt. of Arunachal Pradesh Itanagar PO/PS Itanagar Papum Pare District 9:The Director Address:Land Management Govt. of Arunachal Pradesh Itanagar PO/PS Itanagar Papum Pare District 10:The Deputy Commissioner Address:Yingkiong Upper Siang District Govt. of Arunachal Pradesh PO/PS Yingkiong ------------ Advocate for : Nikita Danggen Advocate for : Marto Kato appearing for THE UNION OF INDIA and 9 Ors.: Advocate , , , , , , , Page No.# 5/6 , , appearing for 2, 3, 4, 5, 6, 7, 8, 9, 10, respectively. BEFORE HONBLE MR. JUSTICE NANI TAGIA HONBLE MRS. JUSTICE SUSMITA PHUKAN KHAUND