Techi Chada v. The Deputy Commissioner and 4 Ors

ORDER Date : 01-03-2023 Heard Mr. M. Tunar, learned counsel for the petitioner and Mr. I. Riram, learned Addl. Senior Govt. Advocate for the State respondents. Office Note dated 01.10.2021 shows that the respondent No.4 has been served. In view of the Office Note dated 25.08.2021, indicating that the notice to the respondent No.5 was issued on 25.08.2021 by registered post with A/d, invoking the provision of Order 5 Rule 9 of the Code of Civil Procedure, 1908, notice upon respondent No.5 is deemed to be served. The order put to challenge in this writ petition is dated 17.03.2021, passed by the EAC(Land), I/c DLR&SO, Palin, Dra Daadi District, Arunachal Pradesh(annexure-I to the writ petition), whereby an order has been passed that Shri Techi Chada(petitioner), who has encroached the land of Smti Techi Gogi(respondent No.4), wife of Shri Techi Azad shall be settled within their families locally as per their customary law and Shri Tassar Sagung, son of late Tassar Powak(respondent No.5) shall allow Shri Techi Chada(petitioner) to construct drainage through his land area and both the persons shall solve the matter amicably. Shri Techi Chada shall withdraw the Title Suit filed before the Court of the learned Judicial Magistrate, 1st Class, Lower Subansiri, Ziro, within a week. 8 Page No.# 3/3 Sq.Mtr. land encroached from Shri Tassar Sagung(respondent No.5) and Smti Techi Gogi(respondent No.4) shall not be objected by both the parties. Status quo shall be maintained and standing structures shall not be disturbed and remain as is where is basis except the proposed drainage constructions. Perusal of the order dated 17.03.2021, passed by the EAC(Land), I/c DLR&SO, Palin, Dra Daadi District, indicates that the EAC(Land), I/c DLR&SO had adjudicated the land dispute amongst the petitioner, respondent No.4 and respondent No.5 respectively. By the impugned order, it has further directed the petitioner to withdraw the Title Suit filed before the Court of the learned Judicial Magistrate, 1st Class, Lower Subansiri, Ziro. Though the counter-affidavit by the State respondents No.1, 2 & 3 have been filed, since it is a well settled position of law that the executive officers of the State cannot adjudicate the civil dispute, this writ petition is disposed of, by setting aside the impugned order dated 17.03.2021, passed by the EAC(Land), I/c DLR&SO, Palin, Dra Daadi District by leaving the parties at liberty to contest the Title Suit filed by the petitioner against the respondent No.4 before the Court of the learned Judicial Magistrate, 1st Class, Lower Subansiri, Ziro which should be the learned Civil Judge(Sr. Division), Kra-Dadi, stationed at Lower Subansiri District, Ziro. The writ petition is disposed of, with the above direction. JUDGE Comparing Assistant

Page No.# 1/3 GAHC040007632021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 262/2021 1:Techi Chada son of Late Techi Nikam, Resident of Palin Town, PO and PS Palin, District Kra Daadi Arunachal Pradesh, Mobile No. 8258913773 VERSUS 1:The Deputy Commissioner and 4 Ors. Kra Daadi District, Arunachal Pradesh 2:The District Land Revenue and Settlement Officer Kra Daadi District 3:The EAC (Land)-cum-I/C DLRSO Palin Kra Daadi District Arunachal Pradesh 4:Techi Azad son of Shri Techi Nuk New Palin PO and PS Palin Kra Daadi District Arunachal Pradesh 5:Tassar Sagung son of Tassar Powak New Palin PO and PS Palin Kra Daadi District Page No.# 2/3 Arunachal Prades Advocate for the Petitioner : Chorpok Modi Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA