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2021 DIGILAW 77 (GAU)

Duri Taipodia v. State Of Arunachal Pradesh

2021-02-04

NANI TAGIA

body2021
JUDGMENT Nani Tagia, J. - Heard Mr. N. Ratan, learned counsel for the petitioners. Also heard Mr. I. Riram, learned Addl. Sr. Govt. Advocate representing respondent Nos. 1 to 4 and Mr. T. Son, learned counsel representing respondent Nos. 5 & 6. 2. This writ petition is directed against a Land Possession Certificate (for short, 'LPC') dated 30.09.2014 issued by the Addl. Deputy Commissioner, West Siang District, Basar in favor of respondent No. 6 vide No.BSR/LM/LPC-251/2011-12 certifying respondent No. 6 to be in possession of 26,625/- Sq. Mtrs., of land at Lipu Village bounded by in the north:- O/O Malini Road; in the South:-Gandhi Centenary Road; in the East:- land of Shri Tomi Nyori & Rimi Riba; and in the west:- land of Shri Kardu Taipodia, on the ground, that the impugned Land Possession Certificate in favor of respondent No. 6 have been issued by the respondent authorities without considering the objection submitted by the petitioners contending that the land for which Land Possession Certificate has been issued to the respondent No. 6 falls within the land of the petitioner Nos. 1, 2 & 3 who have already been issued with 3 (three) Land Possession Certificates dated 16.04.2012 to the petitioner Nos. 1, 2 & 3. 3. The facts leading to filing of this writ petition, briefly stated, are thus: The petitioner No. 1 was issued with a Land Possession Certificate dated 16.04.2012 issued by the Addl. Deputy Commissioner, West Siang District, Basar vide No. LKB/REV-05/151/2012 for an area measuring 10,500/- Sq. Mtrs., at Lipu Village bounded by in the north: Approach road towards malinithan; in the south: Main road Malini Mela Ground; in the East: land of Shri Kardu Taipodia; and in the west: land of Shri Rikar Taipodia. The petitioner No. 2 was also issued with a Land Possession Certificate dated 16.04.2012 issued by the Addl. Deputy Commissioner, West Siang District, Basar vide No. LKB/REV-05/154/2012 for an area measuring 10,500/- Sq. Mtrs., at Lipu Village bounded by in the North: Approach road towards malinithan; in the south: Main road towards Malini Ground; in the East: land of Shri Rikar Taipodia; and in the west: land of Shri Komsing Taipodia. Similarly, the petitioner No. 3 was also issued with a Land Possession Certificate dated 16.04.2012 vide No. LKB/REV05/150/2012 for an area measuring 30,000/- Sq. Similarly, the petitioner No. 3 was also issued with a Land Possession Certificate dated 16.04.2012 vide No. LKB/REV05/150/2012 for an area measuring 30,000/- Sq. Mtrs., at Lipu Village bounded by in the North: Approach road towards malinithan; in the south: Main road Malini Mela Ground; in the East: land of Shri Komring Taipodia; and in the west: land of Smty. Bobby Taipodia. 4. The Sub Divisional Officer, West Siang District, Likabali issued a notice dated 19.10.2012 vide No. LKB-REV-96/PT/2011-12/580 stating that the respondent No. 6 had applied for issuance of Land Possession Certificate in respect of land measuring 26,625/- Sq. Mtrs., located at Lipu Village bounded by in the North: Old Malini Road; in the South: Gandhi Centenary Road; in the East: land of Shri Tomi Nyori & Rimi Riba; and in the West: land of Shri Kardu Taipodia. By the said notice, objection was invited from the general public if any one had any objection to the Land Possession Certificate being issued to the respondent No. 6 for the area and the boundary description mentioned in the said notice. In pursuance of the aforesaid notice dated 19.10.2012, the petitioner No. 1 submitted his objection dated 02.11.2012 to the Sub Divisional Officer, West Siang District, Likabali, stating that the Land Possession Certificate for an area of 26,625/- Sq. Mtrs., located at Lipu Village proposed to be issued to respondent No. 6 as mentioned in the notice dated 19.10.2012 is under his absolute possession and therefore, no such Land Possession Certificate be issued to respondent No. 6 for the land described in the notice dated 19.10.2012. On 06.11.2012, the petitioner Nos. 1 & 2 submitted a similar objection to the Addl. Deputy Commissioner, West Siang District, Basar stating that the Land Possession Certificate proposed to be issued to respondent No. 6 for the land described in the notice dated 19.10.2012 is under their absolute possession and therefore, no Land Possession Certificate be issued to the respondent No. 6 for the land described in the notice dated 19.10.2012. Thereafter, nothing proceeded further until another notice dated 25.06.2014 was again issued by the Sub Divisional Officer, West Siang District, Likabali vide Memo No. LKB/REV-96/2013-14/748 inviting objection from the general public for the proposed issuance of Land Possession Certificate to respondent No.6 for an area of 26,625/- Sq. Thereafter, nothing proceeded further until another notice dated 25.06.2014 was again issued by the Sub Divisional Officer, West Siang District, Likabali vide Memo No. LKB/REV-96/2013-14/748 inviting objection from the general public for the proposed issuance of Land Possession Certificate to respondent No.6 for an area of 26,625/- Sq. Mtrs., located at Upper Colony bounded by in the North: Old Malini Road; in the South: Gandhi Centenary Road; in the East: land of Shri Tomi Nyori & Rimi Riba and; in the West: land of Shri Kardu Taipodia. In pursuance of the above notice dated 25.06.2014 issued by the Sub Divisional Officer, West Siang District, Likabali the petitioner No. 1 again submitted an objection dated 21.07.2014 to the Sub Divisional Officer, Likabali stating that the land measuring 26,625/- Sq. Mtrs., located at Lipu Village proposed to be issued a Land Possession Certificate to the respondent No. 6 is under his possession and, therefore, no Land Possession Certificate be issued to the respondent No. 6. 5. It is the case of the petitioners that despite various objections raised by the petitioners, the respondent authorities have issued the impugned Land Possession Certificate dated 30.09.2014 by the Addl. Deputy Commissioner, West Siang District, Basar vide No. BSR/LM/LPC-251/2011-12 certifying that the respondent No. 6 is in possession of 26,625/- Sq. Mtrs., of land at Lipu Village bounded by in the North: O/O Malini Road; in the South:Gandhi Centenary Raod; in the East: land of Shri Tomi Nyori & Rimi Riba; and in the West: land of Shri Kardu Taipodia. The petitioner contends that impugned Land Possession Certificate dated 30.09.2014 have been illegally issued and the respondent authorities could not have issued the said Land Possession Certificate to the respondent No. 6 in utter disregard of the objection filed by the petitioners stating that the land, in question, falls within the Land Possession certificate already issued to the petitioner Nos. 1, 2 & 3 on 16.04.2012. Accordingly, it is the case of the petitioners that the impugned Land Possession Certificate be set aside and quashed. 6. The respondent No. 3, who is a Sub Divisional Officer, by filing a counter affidavit has not denied the objection raised by the petitioners against the issuance of impugned Land Possession Certificate to the respondent No. 6. Accordingly, it is the case of the petitioners that the impugned Land Possession Certificate be set aside and quashed. 6. The respondent No. 3, who is a Sub Divisional Officer, by filing a counter affidavit has not denied the objection raised by the petitioners against the issuance of impugned Land Possession Certificate to the respondent No. 6. While not disputing the objections raised by the petitioners against the issuance of the impugned Land Possession Certificate to the respondent No. 6, the respondent No. 3 in the counter affidavit filed states that it was on the repeated insistence and the pressure put by the father(respondent No.5) of the respondent No. 6 who is an ex-Minister and the mother of the respondent No. 6 who is also the Senior Medical Officer of CHC, Likabali that the application for issuance of the impugned Land Possession Certificate in favor of respondent No. 6 was forwarded from the office of the Sub Divisional Officer. The respondent No. 5 in the affidavit filed further contends in Paragraph-9 that the petitioners and the respondent No. 6 are the children of respondent No. 5 and it is because of lack of co-ordination amongst the sons of respondent no. 5 that there has been an overlapping in the Land Possession Certificate. 7. The respondent No. 5 in the affidavit filed insofar it relates to the issuance of impugned Land Possession Certificate has contended in Paragraph-19 thereof that the Land Possession Certificate in favor of respondent No. 6 measuring 26,625/- Sq. Mtrs., (incorrectly typed as 26,225 Sq. Mtrs.) was issued after proper survey and verification made by the SK and Mandal of the office of the Land Management Department of Sub Divisional Officer and therefore, there is no illegality in the Land Possession Certificate issued to the respondent No. 6. 8. Similarly, the respondent No. 6 in the counter affidavit filed in Paragraph-22 thereof contends that Land Possession Certificate issued to the respondent No. 6 on 30.09.2014 for an area measuring 26,625/- Sq. Mtrs., is authentic and after the issuance of the Land Possession Certificate to the respondent No. 6, the Land Possession Certificate issued on 16.04.2012 to the petitioners have become infructuous. 9. I have heard Mr. N.Ratan, learned counsel for the petitioners, Mr. I. Riram, learned Addl. Sr. Govt. Advocate Nos. 1 to 4 as well as Mr. T. Son, learned counsel representing respondent Nos. 9. I have heard Mr. N.Ratan, learned counsel for the petitioners, Mr. I. Riram, learned Addl. Sr. Govt. Advocate Nos. 1 to 4 as well as Mr. T. Son, learned counsel representing respondent Nos. 5 & 6 and also perused the materials available on record. 10. Upon hearing the learned counsel for the contesting parties and on perusal of the materials available on record, it is noticed that the petitioner Nos. 1, 2, 3 & 4 are the sons of the respondent No. 5 from his first wife and respondent No. 6 is the son of respondent No. 5 from the 2nd wife. Petitioners and the respondent Nos. 5 & 6 are all resident of Likabali in the district of Lower Siang. It is further noticed that the Land Possession Certificate have been issued to the petitioner Nos. 1 to 3 vide land Possession Certificate dated 16.04.2012 issued by the Addl. Deputy Commissioner, Basar in respect of petitioner No. 1 certifying him to be in possession of the land measuring 10,500/ Sq. Mtrs., at Lipu Village vide order No. LKB/REV05/151/2012 bounded by in the north: Approach road towards malinithan; in the south: Main road Malini Mela Ground; in the East: land of Shri Kardu Taipodia; and in the west: land of Shri Rikar Taipodia; in respect of petitioner No. 2 certifying to be in possession of land measuring 10,500/- Sq. Mtrs. at Lipu Village vide order No. LKB/REV-05/154/2012 bounded by in the North: Approach road towards malinithan; in the south: Main road towards Malini Ground; in the East: land of Shri Rikar Taipodia; and in the west: land of Shri Komsing Taipodia and in respect of the petitioner No. 3 certifying to be in possession of land measuring 30,000/- Sq. Mtrs. at Lipu Village vide order No. LKB/REV-05/150/2012 bounded by in the North: Approach road towards malinithan; in the south: Main road Malini Mela Ground; in the East: land of Shri Komring Taipodia; and in the west: land of Smty. Bobby Taipodia. It is further noticed that when an application for issuance of Land Possession Certificate for an area measuring 26,625/- Sq. Bobby Taipodia. It is further noticed that when an application for issuance of Land Possession Certificate for an area measuring 26,625/- Sq. Mtrs., located at Lipu Village was applied for by the respondent No. 6, the Sub Divisional Officer, West Kameng District, Likabal had issued a notice dated 19.10.2012 vide order No. LKB/REV-96/PT/2011-12/580 inviting claims and objections from the general public in respect of the application for issuance of Land Possession Certificate to the respondent No. 6 for a land measuring 26,625/- Sq. Mtrs. located at Lipu village bounded by in the North: Old Malini Road; in the South: Gandhi Centenary Road; in the East: land of Shri Tomi Nyori & Rimi Riba and; in the West: land of Shri Kardu Taipodia. In pursuance to the notice dated 19.10.2012, the petitioner No. 1 had submitted his objection to the Sub Divisional Officer, West Siang District District, Likabali on 02.11.2012 (Annexure-21 to the writ petition) stating that the Land Possession Certificate proposed to be issued to respondent No. 6 for the land described in the notice dated 19.10.2012 issued by the Sub Divisional Officer, West Siang District, Likabali is under his absolute possession. Likewise, similar objection was submitted on 06.11.2012 to the Addl. Deputy Commissioner, West Siang District, Basar by the petitioner Nos. 1 & 2 (Annexure-22 to the writ petition) reiterating that the Land Possession Certificate proposed to be issued to the respondent No. 6 for the land described in the notice dated 19.10.2012 is under their possession and accordingly, no such Land Possession Certificate be issued to the respondent No. 6. Thereafter, it appears that nothing proceeded further for another 2 (two) years until another notice dated 25.06.2014 was issued by the Sub Divisional Officer, West Siang District, Likabali vide No.LKB/REV-96/2013-14 again inviting claims and objections from the general public in respect of the application made by the respondent No. 6 for issuance of Land Possession Certificate for an area measuring 26,625/- Sq. Mtrs., at upper colony bounded by in the North: Old Malini Road; in the South: Gandhi Centenary Road; in the East: land of Shri Tomi Nyori & Rimi Riba and; in the West: land of Shri Kardu Taipodia. Mtrs., at upper colony bounded by in the North: Old Malini Road; in the South: Gandhi Centenary Road; in the East: land of Shri Tomi Nyori & Rimi Riba and; in the West: land of Shri Kardu Taipodia. The petitioner No. 1 again, this time, submitted yet another objection dated 21.07.2014 (Annexure-24 to the writ petition) to the Sub Divisional Officer, Likabali, reiterating that the Land Possession Certificate proposed to the issued to the respondent No. 6 for the land described in the notice dated 25.06.2014 is under his absolute possession and therefore, no Land Possession Certificate be issued to respondent No. 6. 11. It is further noticed from the counter affidavit filed by the respondent No. 3 that the repeated objections filed by the petitioner Nos. 1 & 2 against the proposed issuance of Land Possession Certificate to the respondent No. 6 in terms of notice dated 19.10.2012 as well as another notice dated 25.06.2014 was not taken into account by the respondent authorities. The respondent No. 3 in the affidavit filed has not denied the objection raised by the petitioners vide the objections dated 02.11.2012 & 06.11.2012 submitted to the Sub Divisional Officer, West Siang District, Likabali and the Addl. Deputy Commissioner, West Siang District, Basar respectively in pursuance of notice dated 19.10.2012 and also the objection dated 21.07.2014 submitted by the petitioner No. 1 to the Sub Divisional Officer, Likabali in pursuance of notice dated 25.06.2014. On the other hand, the respondent No. 3 in the counter affidavit filed has stated that the application of respondent No. 6 for issuance of Land Possession Certificate mentioned in the notice dated 25.06.2014 had to be forwarded to the higher authorities at the persistent request made by the respondent No. 5 (father) and the mother of the respondent No. 6. 12. From the stand taken by the respondent No. 3 in the counter affidavit, it has been admitted by the respondent No. 3 and hence proved that the objection of the petitioners against the issuance of Land Possession Certificate to the respondent No. 6 was not taken into consideration which resulted in the issuance of impugned Land Possession Certificate dated 30.09.2014 issued by the Addl. Deputy Commissioner, West Siang District, Basar vide No. BSR/LM/LPC-251/2011-12 certifying the respondent No. 6 to be in possession of 26,625/- Sq. Deputy Commissioner, West Siang District, Basar vide No. BSR/LM/LPC-251/2011-12 certifying the respondent No. 6 to be in possession of 26,625/- Sq. Mtrs., of land at Lipu Village bounded by in the north:- 0/0 Malini Road; in the South:- Gandhi Centenary Road; in the East:- land of Shri Tomi Nyori & Rimi Riba; and in the west:- land of Shri Kardu Taipodia. As the impugned Land Possession Certificate dated 30.09.2014 have been issued to the respondent No. 6, disregarding the objection raised by the petitioner Nos. 1 & 2 that the land, in question, falls within the land of the petitioners, for which, the petitioners have already been issued with a Land Possession Certificate dated 16.04.2012, it is quite possible that there might be overlapping in the area of the land which has been certified to be under the possession of respondent No. 6 vide the impugned Land Possession Certificate dated 30.09.2014 issued by the Addl. Deputy Commissioner, West Siang District, Basar with that of the land of the petitioners who have also been issued with 3 (three) land Possession Certificates dated 16.04.2012 referred to hereinabove. 13. Under the circumstances, it is deemed appropriate that this writ petition be disposed of, with a direction, to the Deputy Commissioner, Lower Siang District, Likabali ,who, though not a party in this writ petition is the competent authority to issue Land Possession Certificate in the area of Likabali after the Lower Siang District have been created out of West Siang District and the Sub Divisional Officer, Lower Siang District, Likabali to verify the correctness of the Land Possession Certificate dated 30.09.2014 issued to the respondent No. 6 by the Addl. Deputy Commissioner vide No.BSR/LM/LPC-251/2011-12 and on such verification made, if the land described in the impugned Land Possession Certificate dated 30.09.2014 issued to the respondent No. 6 falls within the land of the petitioner Nos. 1, 2 & 3 who have already been issued with a Land Possession Certificate dated 16.04.2012, the impugned Land Possession Certificate dated 30.09.2014 issued by Addl. Deputy Commissioner, West Siang District, Basar vide No. BSR/LM/LPC-251/2011-12 shall be cancelled forthwith. The verification as directed shall be completed within a period of one month from the date of receipt of certified copy of this order for which the petitioners as well as respondent Nos. Deputy Commissioner, West Siang District, Basar vide No. BSR/LM/LPC-251/2011-12 shall be cancelled forthwith. The verification as directed shall be completed within a period of one month from the date of receipt of certified copy of this order for which the petitioners as well as respondent Nos. 5 & 6 shall appear before the Deputy Commissioner, Lower Siang District, Likabali along with certified copy of this order on 10.02.2021 to enable the Deputy Commissioner, Lower Siang District, Likabal as well as the Sub Divisional Officer, Lower Siang District, Likabali to complete the exercise within the time specified. Till such verification is completed, the impugned Land Possession Certificate dated 30.09.2014 issued by Addl. Deputy Commissioner, West Siang District, Basar vide No. BSR/LM/LPC-251/2011-12 shall remain suspended. 14. Writ petition stands disposed of in terms above.