Tadak Siga v. The State of Ap and 5 Ors

ORDER Date : 01-07-2024 Heard Mr. K. Tama, learned counsel for the petitioner. Also heard Ms. G. Ete, learned Additional Senior Government Advocate for the respondent Nos. 3, 4 &

5.

¶2Considering the very limited grievance raised by the petitioner in this writ petition, the present petition is taken up for disposal at the motion stage as this Court considers that no prejudice would cause to the private respondent No. 6 in view of the order proposed to be passed (infra).

¶3The petitioner, being aggrieved by the impugned order No.LM/DRJ-18/2013/213, dated 20.06.2024 passed by the Additional Deputy Commissioner-Cum-Estate Officer, Upper Subansiri District, Daporijo, whereby, it is found that the petitioner has encroached 8.00 Square Meters of land which belongs to the respondent no. 6 by constructing a Septic Tank and consequently the petitioner Page No.# 3/3 has been directed for removal of the said encroached structure, has filed this present petition, particularly, on the ground that the Deputy Commissioner, who is the Appellate Authority, has already left the District and the Additional Deputy Commissioner, who has passed the impugned order is holding the charge.

¶4Having considered that the petitioner has filed an appeal against the impugned order dated 20.06.2024, before the Appellate Authority, i.e. the Deputy Commissioner, Upper Subansiri District, Daporijo, which appears to be statutory appeal under the provision of the Arunachal Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 2003 and also, considering that there is no Appellate Authority at present in the District to take up the appeal of the petitioner, without going into the merit of the impugned order as well as the claims of the parties, I deem it appropriate to close this writ petition with a direction to the Appellate Authority i.e. the Deputy Commissioner, Upper Subansiri District to consider and dispose of the appeal of the petitioner within a period of 1 (one) month from today.

¶5It is provided that till the Appellate Authority takes up the appeal of the petitioner, no coercive action shall be taken against the petitioner and the parties to maintain status quo till the appeal is taken up by the Appellate Authority.

¶6The writ petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC040008292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/260/2024 Tadak Siga Son of Late Tadi Siga, resident of Ganga Market, Daporijo, PO and PS Daporijo, Upper Subansiri District, Arunachal Pradesh VERSUS The State of AP and 5 Ors represented through the Secretary Land Management, Govt of Arunachal Pradesh, Itanagar 2:The Director of Land Management Age: 0 Occupation : Government of Arunachal Pradesh, Itanagar. 3:The Deputy Commissioner Age: 0 Occupation : Upper Subansiri District, Daporijo, Arunachal Pradesh. 4:The District Land Revenue and Settlement Officer Age: 0 Occupation : Upper Subansiri District, Arunachal Pradesh. 5:The Additional Deputy Commissioner cum Estate Officer Age: 0 Occupation : Page No.# 2/3 Daporijo, Upper Subansiri District, Arunachal Pradesh. 6:Tasap Kiolu Age: 0 Occupation S/o Late Tate Kiolu, R/o Ganga Market, Daporijo, P.O/P.S. Daporijo, Upper Subansiri District, Arunachal Pradesh. Advocate for the Petitioner : Khoda Tama Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE KARDAK ETE