Rido Charitable Trust and 2 Ors v. The State of Ap and 6 Ors

ORDER Date : 19.01.2023 (Nani Tagia, J)

Heard Mr. D. Das, learned senior counsel, for the applicants. Also heard Mr. Subu Tapin, learned Senior Government Advocate, appearing on behalf of the Opposite Parties.

By means of this interlocutory application, the applicants, altogether 3 in nos., namely, Rido Charitable Trust, represented by its Patron, Shri Rido Talik, S/o, Late Rido Tasang, Resident of Palin, PO/PS – Palin, District Kra-Daadi, Arunachal Pradesh, PIN 791118; Takam Youth Welfare Society, represented by its President Shri Takam Tame, Resident of Palin, PO/PS – Palin, District Kra-Daadi, Arunachal Pradesh, PIN 791118; and Jamin Kra Dadi District Restoration Committee, represented by its General Secretary, Shri Tarh Johny, resident of Sayata, PO/PS - Palin, District Kra-Daadi, Arunachal Pradesh, PIN 791118; seeks for impleadent of Commissioner & Secretary to the Government of Arunachal Pradesh, Public Works Department, Itanagar, Arunachal Pradesh; Chief Engineer, Public Works Department, Itanagar, Arunachal Pradesh; and Executive Engineer, Palin Division, Public Works Department, Kra-Daadi District, Arunachal Pradesh, as Respondents No. 5, 6 & 7, in the connected Public Interest Litigation(PIL) being PIL 10(AP)2022, contending that pursuant to a decision of the Government to shift the Headquarter of Kra-Daadi District in the State of Page No.# 6/7 Arunachal Pradesh from Jamin to Palin; authorities of the Public Works Department, Government of Arunachal Pradesh, have issued a Notice Inviting Tender(NIT) inviting applications for construction of District Secretariat at Palin in Kra-Daadi District, and accordingly, the Public Works Department, Government of Arunachal Pradesh, is a necessary party.

The prayer for impleadment of the Commissioner & Secretary to the Government of Arunachal Pradesh, Public Works Department, Itanagar, Arunachal Pradesh; Chief Engineer, Public Works Department, Itanagar, Arunachal Pradesh; and Executive Engineer, Palin Division, Public Works Department, Kra-Daadi District, Arunachal Pradesh, as Respondents, in the connected Public Interest Litigation(PIL) being PIL 10(AP)2022, has not been opposed by Mr. Tapin, learned Senior Government Advocate.

Having heard the learned counsels appearing for the parties and on perusal of the materials on record, we are of the considered view that the Public Works Department, Government of Arunachal Pradesh, is a necessary party in PIL 10(AP)2022.

Since the applicants in IA(c)87(AP)2022 have already been impleaded as Respondents No. 5 to 12 in PIL 10(AP)2022, by an order passed today in the aforesaid interlocutory application; we allow this interlocutory application for impleadment by providing that the Commissioner & Secretary to the Government of Arunachal Pradesh, Public Works Department, Itanagar, Arunachal Pradesh; Chief Engineer, Public Works Department, Itanagar, Page No.# 7/7 Arunachal Pradesh; and Executive Engineer, Palin Division, Public Works Department, Kra-Daadi District, Arunachal Pradesh; shall be impleaded as Respondents No. 13, 14 & 15, respectively in PIL 10(AP)2022.

Accordingly, Registry shall make the necessary correction in the Cause Title of PIL 10(AP)2022 by impleading the names of the Commissioner & Secretary to the Government of Arunachal Pradesh, Public Works Department, Itanagar, Arunachal Pradesh; Chief Engineer, Public Works Department, Itanagar, Arunachal Pradesh; and Executive Engineer, Palin Division, Public Works Department, Kra-Daadi District, Arunachal Pradesh; as Respondents No. 13, 14 & 15, respectively in PIL 10(AP)2022.

With the above directions, the interlocutory application stands disposed of.

JUDGE JUDGE Comparing Assistant

Page No.# 1/7 GAHC040014292022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C) 233/2022 1:Rido Charitable Trust and 2 Ors. Represented by its Patron Sri Rido Talik, S/o Late Rido Tasang, Resident of Palin, PO and PS Palin, Dist. Kra Daadi, Arunachal Pradesh, Pin 791118. 2: Takam Youth Welfare Society Represented by its President Sri Takam Tame Resident of Palin District Kra Dadi Pin 791118 3: Jamin Kra Dadi District Restoration Committee. Represented by its General Secretary Shri Tarh Johny Resident of Sayata District Kra Daadi PIN 79111 VERSUS 1:THE STATE OF AP and 6 Ors. Represented by the Chief Secretary, Govt. of Arunachal Pradesh, Civil Secretariat, Itanagar, Arunachal Pradesh. 2:The Commissioner Law Legislative and Justice Department Page No.# 2/7 Itanagar Arunachal Pradesh. 3:The Commissioner District Administration Itanagar Arunachal Pradesh. 4:The Deputy Commissioner Kra Dadi District Arunachal Pradesh. Pin 791111 5:The Commissioner and Secretary to the Govt. of Arunachal Pradesh Public Works Department Itanagar Arunachal Pradesh. 6:The Chief Engineer Public Works Department Itanagar Arunachal Pradesh. 7:The Executive Engineer Palin Division Public Works Department Kra Daadi District Advocate for the Petitioner : Abhai Kumar Singh Advocate for the Respondent : GA (AP) Linked Case : PIL 10/2022 Page No.# 3/7 1:Rido Charitable Trust and 2 Ors. Represented by its Patron Sri Rido Talik S/o Late Rido Tasang Resident of Palin Dist. Kra Daadi Pin 791118 2: Takam Youth Welfare Society Represented by its President Sri Takam Tame Palin (Age 30 years) P.O and P.S Palin District Kra Daadi PIN 791118 3: jJamin Kra Dadi District Restoration Committee Represented by its General Secretary Shri Tarh Johny (Age 35 years) Resident of Sayata District Kra Dadi PIN 791118 VERSUS 1:THE STATE OF AP and 6 Ors. Represented by the Chief Secretary Itanagar Arunachal Pradesh. 2:The Commissioner Law Legislative and Justice Department Itanagar Pin 791111 Page No.# 4/7 3:The Commissioner District Administration Itanagar Pin 791111 4:The Deputy Commissioner Kra Daadi District PIN 791118 5:The Commissioner and Secretary to the Govt. of Arunachal Pradesh Public Works Department Itanagar Arunachal Pradesh. 6:The Chief Engineer Public Works Department Itanagar Arunachal Pradesh. 7:The Executive Engineer Palin Division Public Works Department Kra Daadi District Arunachal Pradesh. Advocate for the Petitioner : Dayadipan Das Advocate for the Respondent : GA (AP) Page No.# 5/7 BEFORE HONBLE MR. JUSTICE NANI TAGIA HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA