Nuney Tayang v. The State of Ap and 3 Ors

ORDER Date : 02.09.2024

Heard Mr. I. Bam, learned counsel for the petitioner. Also heard Mr. D. Kamduk, learned Standing Counsel, Land Management Department for the respondent Nos. 1 & 3 and Mr. N. Ratan, learned Additional Advocate General for the respondent Nos. 2.

¶2Considering the nature of grievance raised in this writ petition, same is taken up and disposed of at the motion stage.

¶3By filing this application, the petitioner has sought for a direction to the Deputy Commissioner, Tezu, Lohit District, Arunachal Pradesh, to transfer the Land Possession Certificate (LPC), bearing LPC No. NMS/LPC-510/2012, dated

04.05.2012 for an area measuring 1 (one) acre located in Kandey area (Parshuram Kund), in favour of the petitioner. It is further prayed that the application dated 03.05.2024, submitted by the petitioner be considered and disposed of.

¶4The case projected by the petitioner is that he was gifted an area measuring 1 (one) acre located in Kandey area (Parshuram Kund), by one Shri Soto Thalai on 01.09.2023 by way of gift deed. Page No.# 3/4

¶5The Land Possession Certificate (LPC) was issued in the name of the respondent No. 4. After the land was gifted to the petitioner, he approached the Deputy Commissioner vide his application dated 03.05.2024 for transfer of the ownership and the LPC No. NMS/LPC-510/2012, dated 04.05.2012 for an area of 1 (one) acre located in Kandey area (Parshuram Kund).

¶6It is the contention of the petitioner that the petitioner has proposed to establish a factory in the said area, for which, the land gifted to him is to be transferred so as to enable him to obtain financial help from the Bank. He submits that even after lapse of a year, the Deputy Commissioner is sitting tight over his application, causing serious hardship to the petitioner. Therefore, submits that the Deputy Commissioner, Lohit District, may be directed to consider and dispose of the petitioner's application dated 03.05.2024 by transferring the ownership and the LPC issued to the respondent No. 4 in the name of the petitioner.

¶7I have the heard the learned counsels appearing for the parties and perused the materials available on record.

¶8Having considered that the petitioner has been gifted of a plot of land measuring 1 (one) acre located in Kandey area (Parshuram Kund) and he has, accordingly, filed an application on 03.05.2024 for transfer of the ownership of the said land to him, including the LPC issued to the respondent No. 4 being Page No.# 4/4 LPC No. NMS/LPC-510/2012, dated 04.05.2012, which is pending for a year, I deem it appropriate to dispose of the present writ petition, with a direction to consider and dispose of the application of petitioner.

¶9Accordingly, the writ petition is disposed of with a direction to the Deputy Commissioner, Lohit District, Tezu to take up the application of the petitioner dated 03.05.2024 and dispose of the same within a period of 30(thirty) days from today.

¶10The writ petition stands disposed of, in terms of above direction. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040011242024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/376/2024 Nuney Tayang Son of Late Posu Tayang, permanent resident of Shivaji Nagar Road, Tezu, Lohit District, Arunachal Pradesh. VERSUS 1) The State of AP and 3 Ors Address - represented by the Secretary, Land Management, Govt of Arunachal Pradesh, Itanagar. Advocate - GA (AP), Dugmar Kamduk,SC (Land Management) 2) The Deputy Commissioner Tezu, Lohit District, Arunachal Pradesh. 3) The District Land Revenue and Settlement Officer Lohit District, Arunachal Pradesh. 4) Soto Thalai Son of Late Gonglum Thalai, permanent resident of Wakro village under Wakro Circle, PO and PS Wakro, Lohit District, Arunachal Pradesh. Advocate for the Petitioner : I. Bam Advocate for the Respondent : N. Ratan, GA (AP) D. Kamduk Page No.# 2/4 BEFORE HONBLE MR. JUSTICE KARDAK ETE