Shri Bomi Nyorak and 13 Ors v. The State of Ap and 4 Others

ORDER Date : 06.12.2023 (K.R. Surana, J) Heard Mr. B.J. Ghosh, learned counsel for the applicants. Also heard Mr. N. Ratan, learned Additional Advocate General for the State, representing opposite party nos.1 and 2, and Mr. R. Saikia, learned counsel for the opposite party nos.3 to 5.

¶2By filing this leave application, the applicants, who claim to be adversely affected by the judgment and order dated 05.07.2023, passed by the learned Single Judge of this Court in WP(C) No. 297(AP)/2023 are praying for leave to file the connected appeal.

¶3The opposite party nos.3 to 5 have filed their objection in form of an affidavit. The same has been considered after hearing the learned counsel for the said opposite party nos.3 to 5.

¶4The Court is of the considered opinion that even if the applicants allege a semblance of being "adversely affected" by the impugned judgment Page No.# 4/4 and order, they would have a right to be heard because of the well settled legal position that one cannot be condemned unheard. Whether or not there is a merit in the claim is something which would be decided in the connected appeal and not while deciding the leave application. This leave application cannot be allowed to partake the character of a full fledged hearing on merit.

¶5Therefore, despite objection made by the learned counsel for the opposite party nos.3 to 5, as the applicants contend that they would be prejudicially and/or adversely affected if the judgment in the connected appeal is implemented, this leave application stands allowed so as to enable the applicants to ventilate their grievance as to how they are adversely affected in the judgment impugned in the connected appeal.

¶6Accordingly, this interlocutory application stands disposed of.

JUDGE JUDGE Comparing Assistant

Page No.# 1/4 GAHC040012652023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/156/2023 Shri Bomi Nyorak and 13 Ors. Son of Late Pakbom Nyorak, resident of Basar, District Leparada, Arunachal Pradesh. 2: Smti Aihi Taggu Age: 3: Shri Er. Tung Sono Age: 4: OsemMongku Age: 5: Shri Takap Lamrah Age: 6: Smti Er. Millo Ampi Age: 7: Shri Tana Zoma Age: 8: Tad Logi Page No.# 2/4 Age: 9: Shri Er. Kari Ete Age: 10: Shri Kenge Angu Age: 11: Smti Elena Gao Age: 12: Shri Kapu Takar Age: 13: Shri Sang Khandu Thondok Age: 14: Smti Nabam Yate Age: Occupation VERSUS The State of AP and 4 Others represented by Chief Secretary, Govt. of Arunachal Pradesh, Itanagar cum Chairman Departmental Promotion Committee. 2:The Commissioner and Secretary Age: 0 3:Shri Moli Tatu Age: 53 4:Shri Jomba Loya Page No.# 3/4 Age: 52 5:Shri Itum Naso Age: 0 Occupation Advocate for the Petitioner : Teto Taba Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE KALYAN RAI SURANA HONBLE MR. JUSTICE BUDI HABUNG