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2014 DIGILAW 214 (GAU)

GAMNYA PADU v. STATE OF ARUNACHAL PRADESH

2014-02-21

A.K.GOSWAMI, A.M.SAPRE

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JUDGMENT A.M. Sapre, J. Heard Mr. S.C. Biswas, learned counsel for the review petitioner and Mr. A.M. Buzarbaruah, learned Government Advocate, Arunachal Pradesh. This review petition is filed by the appellant of W.A. No.153 of 2009 against the order dated 1.8.2013 passed by a Bench comprising of Hon’ble Mr. Justice A.K. Goel, Chief Justice and Justice A.K. Goswami. Since Hon’ble the Chief Justice Mr. A.K. Goel is no longer available to this Bench having being transferred to High Court of Orissa and, therefore, this matter is placed before this Bench for passing appropriate orders on this review petition. By the order under consideration (1.8.2013), the Division Bench disposed of the appeal with the following observations :- “We have heard learned counsel for the parties. Only further relief sought on behalf of the appellant is that after the allotment has been quashed in terms of order of learned Single Judge, the matter should be left open for the Land Advisory Allotment Committee to consider the same in accordance with law after duly considering the claim of the eligible claimants. We give the liberty as sought. Writ appeal stands disposed of accordingly.” The only argument of learned counsel for the petitioner in support of this review petition is that since the Land Advisory Allotment Committee to whom the matter was transferred for consideration in accordance with law is not functioning to decide the matter and, therefore, the direction should be given to such authority which is empowered and functioning to decide such matters. According to learned counsel, the direction can be given to either the “Deputy Commissioner of the concerned area” to decide the matter or to “any other competent authority” specified by the State to decide the matter, as the case may be Mr. A.M. Buzarbaruah, learned Government Advocate, Arunachal Pradesh submits that he does not have any objection to the making of this amendment in the orders as urged. Having heard learned counsel for the parties and upon perusal of the records of the case, we are inclined to modify the order dated 1.8.2013 to the extent that in place of the words “Land Advisory Allotment Committee” in the last portion of the order would be deleted and in its place, the words “Deputy Commissioner, West Siang District or any competent authority who is authorized to decide the application” may be read or/and substituted. In other words, now the matter shall be decided either by the Deputy Commissioner, West Siang District or any other specified competent authority other than the Deputy Commissioner, if there is any, in terms of our order dated 1.8.1.8.2013 passed in W.A. No.153 of 2009. All other directions contained in the order would be as it is. Subject to this modification in the impugned order, this review petition is allowed to that extent in part. No cost.