All Arunachal Pradesh Abotani Nibu (Priest) Welfare Association v. State of Arunachal Pradesh
2009-03-17
P.K.MUSAHARY
body2009
DigiLaw.ai
JUDGMENT P.K. Musahary, J. 1. Heard Mr. K. Jini, learned Counsel for the Petitioners, Ms. G. Deka, learned Addl. Senior Govt. Advocate, for State-Respondents 1-8 and Mr. R. Sonar, learned Counsel for the private Respondents 11-15. 2. This writ-petition has been filed by the Petitioner Association under Article 226 of the Constitution of India, with limited prayer to the following extent: (i) To direct the Respondents 1-4 to convene a Mel as ordered vide Order dated 18.04.2006 (Annexure-K) under the signature of Deputy Commissioner, Papum Pare District, Yupia, by changing the constituent members; (ii) To allow the members of Petitioner Association to protect, propagate and profess their indigenous faiths and religious rituals and activities including right to manage their religious institutions and place of worship at Jame Jate Village without any fear, threat or coercion from any corner giving adequate protection to their lives and property; and, (iii) Not to grant Land Possession Certificate (LPC) and No Objection Certificate (NOC) to other parties at Jame Jate land under Itanagar Police Station. 3. The Petitioner Association is a registered Society, Registration No. being SR/ITA/275 of 1994, of indigenous Scheduled Tribe Community of Arunachal Pradesh. The Petitioner Association claims to have been occupying land measuring about 10 Lakh sq. mtrs. since the year 1980 and has been carrying on religious activities thereat. The Petitioner Association applied before the authority concerned for recognition of Model Village and the same is awaited. The Petitioner Association also applied for Land Possession Certificate (LPC) through the Extra-Assistant Commissioner (EAC) concerned which was forwarded to the Deputy Commissioner, Yupia, who, in his turn, forwarded the same to the Chief Wild Life Warden, Arunachal Pradesh, Itanagar, for verification and issuance of No Objection Certificate (NOC) in respect of the land in question. The issuance of No Objection Certificate from the Chief Wild Life Warden, Itanagar, is still pending and as such, the matter relating to issuance of Land Possession Certificates could not be finalized by the District authorities. The Petitioner Association approached the Deputy Commissioner, Yupia, for redressal of their grievance with regard to issuance of Land Possession Certificates but the request of the Petitioner Association was not conceded to whereas such requests of other parties for Land Possession Certificates (LPC) were considered and were granted.
The Petitioner Association approached the Deputy Commissioner, Yupia, for redressal of their grievance with regard to issuance of Land Possession Certificates but the request of the Petitioner Association was not conceded to whereas such requests of other parties for Land Possession Certificates (LPC) were considered and were granted. The allegation of the Petitioner Association is that Land Possession Certificates (LPC) were not issued to it due to interference by the private Respondents at the instance of some officials particularly Respondent Nos. 9 and 10. Such discriminatory action of the Respondent-authorities has compelled the Petitioner Association to file the present writ-petition. 4. The private Respondents 11-15 upon receipt of the notice from this Court filed a preliminary objection by filing an affidavit in regard to the locus-standi of the Petitioner No. 2 and maintainability of the petition on the ground that the Petitioner No. 2 Sri Hari Taro was never elected as President of the Petitioner Association and the said Petitioner has no right to represent the Association. In the preliminary objection, the private Respondents 11-15 had made a point that this Court while disposing of a Writ-petition, being W.P. (C) 382(AP) 2003 filed by the present Petitioner, directed vide judgment and Order dated 17.03.2004 that the Petitioner No. 2 Sri Hari Taro and Respondent No. 4 Sri Choma Yangfo shall take the opinion of all members of the Petitioner Association for fixing the date of election and arrange holding of election within a period of one month under the supervision of the Deputy Commissioner, Papum Pare District, Yupia. 5. Aggrieved by the aforesaid order dated 17.03.2004 passed by the learned Single Judge in W.P. (C) 382(AP)2003, the present Petitioner filed a Writ Appeal, being WA 40(AP)2006, and the same was disposed of on being infructuous on 27.03.2008, which means that the judgment and Order dated 17.03.2004 passed by the learned Single Judge had attained its finality. 6. Mr. R. Sonar, learned Counsel appearing for private Respondents 11-15 submits that since the present Petitioner No. 2 has failed to hold the election as directed by this Court and he being not elected as President of the Petitioner Association, he has no locus-standi to represent the same.
6. Mr. R. Sonar, learned Counsel appearing for private Respondents 11-15 submits that since the present Petitioner No. 2 has failed to hold the election as directed by this Court and he being not elected as President of the Petitioner Association, he has no locus-standi to represent the same. The further submission of the learned Counsel is that the land in question is under the occupation of private Respondents and other local inhabitants since 1980 and some of them are in possession of Land Possession Certificates while some of them have already approached the authority concerned for issuance of necessary Land Possession Certificates. The learned Counsel further submits that the dispute over the aforesaid land has already been decided by the Mel held on 12.03.2007 in presence of 13 Judges alongwith some wise local middlemen after inspection and verification of the disputed land on 08.03.2007 and the same is reflected in case report, Annexure-V series to the preliminary objection. The learned Counsel also submits that Petitioners are having an alternative remedy by way of filing an appeal before the higher/appropriate forum but they have not approached the same. This being the position, the decision taken by the aforesaid Mel, has also attained its finality. 7. In reply to the submissions made by Mr. Sonar, learned Counsel appearing for private Respondents 11-15, Mr. K. Jini, learned Counsel for the Petitioners, submits that in the judgment and Order dated 17.03.2004, passed by the learned Single Judge in W.P. (C) 382(AP) 2003, direction was issued to both the parties for fixing the date of election and responsibility for the same was also fixed on both the parties for holding the said election and therefore, the Petitioner alone cannot be held responsible for not being able to hold the election. The learned Counsel for the Petitioners further submits that the connected Writ Appeal being WA 40(AP) 2006 was infact disposed of not on merit but due to non-prosecution which is reflected in the beginning of the order dated 27.03.2008. To quote from the said order "None has appeared on behalf of the Appellant in the writ appeal or on behalf of the applicant(s) in the misc. case...." As regards the decision of the Mel dated 12.03.2007, Mr.
To quote from the said order "None has appeared on behalf of the Appellant in the writ appeal or on behalf of the applicant(s) in the misc. case...." As regards the decision of the Mel dated 12.03.2007, Mr. Jini, learned Counsel for the Petitioners submits that the said decision pertains to private land of the Petitioner No. 2 and not at all with the land which is under the possession of the Petitioner Association and as such, the same is not binding upon the Petitioner Association and cannot be treated as a decision taken in regard to the land in dispute. 8. I have gone through the pleadings of the parties. In the present case, the claims and counter-claims made by the parties are enough to suggest that the matter involves disputed question of facts and the same cannot be settled without being verified and examined by a fact finding Committee. From the order dated 18.04.2006 (Annexure-K), it is found that the Deputy Commissioner, Yupia, constituted a Committee headed by the Additional Deputy Commissioner, Yupia, as Chairman with 4 (four) other officials as Members of the said Committee for settlement of land dispute/problems between Abotani Nyibu Nyijik Model Village and Nyokum Lapang Village at Itanagar. The said Committee, in my considered view, would be in a position to verify and examine the dispute over the aforesaid land in question. No dispute has also been raised by either of the parties that the aforesaid Committee is not a competent authority to settle the problem between the parties. It is rather submitted at the Bar that the aforesaid Committee constituted by the Deputy Commissioner, Yupia, still exists and it may examine and settle the dispute. 9. Having considered all the aspects of the matter in the light of the submissions made by the parties, this writ-petition is disposed of with the following directions: (i) That the Deputy Commissioner, Papum Pare District, Yupia, shall supervise and make necessary arrangement for holding the fresh election of the Petitioner Association namely All Arunachal Pradesh Nyibu (Priest) Welfare Association (Registration No. SR/ITA/275 of 1994) after consultation and with due notice to all the members of the Petitioner Association within a period of 3 (three) months from the date of receipt of a certified copy of this order to be furnished by the Petitioner No. 2 within 10 days from today.
(ii) That after election of the aforesaid Association, the Deputy Commissioner, Yupia, shall direct the Committee headed by the Additional Deputy Commissioner, Yupia, constituted vide Order dated 18.04.2006, to convene its meeting/meetings for the purpose of verification and examination of the dispute over the said land after serving due notice to the newly elected officer bearers of the Petitioner Association and also to the private Respondents 11-15 and other concerned parties and settle the matter once for all. (iii) It is provided that the aforesaid Committee shall be at liberty to record evidence of the concerned parties for the purpose of settlement of the matter and shall complete the entire exercise within a period of 4 (four) months from the date of constitution of newly elected body of the Petitioner Association. (iv) For the interest of all, status-quo, as on today, as regards physical possession of the land in question shall be maintained by the parties till the decision of the aforesaid Committee headed by the Additional Deputy Commissioner, Yupia. (v) In the meantime, the District authorities shall take necessary steps for maintenance of law and order in the concerned area. 10. With the above observations and directions, this writ petition stands disposed of. There shall be no order as to cost.