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2022 DIGILAW 923 (GAU)

Tabeng Taggu (GB), S/o Late Tapong Taggu v. State Of A. P. , Represented by the Secretary (LM), Govt. of Arunachal Pradesh, Itanagar

2022-08-24

A.M.BUJOR BARUA

body2022
JUDGMENT : 1. Heard Mr. T. Tapak, learned counsel for the petitioners. Also heard Mr. T. Jamoh, learned standing counsel for the Education Department and Mr. D. Soki, learned State counsel for respondents No. 2 & 3 as well as Mr. D. Kamduk, learned standing counsel for the Land Management Department. 2. The petitioner, Tabeng Taggu was issued a notice dated 11.08.2022 by the Estate Officer cum Circle Officer, Sille-Oyan Circle, East Siang District under Section 6(ii) of the Arunachal Pradesh Public Premises (Eviction of unauthorized Occupants) Act, 2003 (hereafter referred as ‘Act of 2003’), requiring him to stop construction over the land in question within 7 days and if not complied with he would be removed/evicted and the structures be demolished as per the provisions of Act of 2003. It is taken note that the said notice was received by the petitioner on 16.08.2022. The petitioner submitted a reply dated 17.08.2022 to the aforesaid notice, taking a stand that the land in question is his own private land and therefore, he has all the rights to undertake the construction. 3. Mr. T. Jamoh, learned counsel for the Education Department also provides a decision of the Rani Bane Kebang of Rani village dated 29.12.2016, wherein the petitioner TabengTaggu had also participated and the decision is that the land in question is the land of the School concerned. By referring to the said Kebang decision it is the contention of the Education Department that the land in question is not the private land of the petitioner whereas it is the land belonging to the School concerned. 4. As the petitioner has submitted a reply to the notice under the Act of 2003, on 17.08.2022, we are of the view that ends of justice would be met on a direction being issued to the Estate Officer cum Circle Officer, Sille-Oyan Circle, East Siang District to hear the petitioner on his stand that the land in question is his private land and thereafter, pass a reasoned order. In doing so, the Estate Officer cum Circle Officer, Sille-Oyan Circle, East Siang District to also take note of the decision of the Rani Bane Kebang held on 29.12.2016, wherein, there is a declaration that the land in question is the land of the School concerned. 5. In doing so, the Estate Officer cum Circle Officer, Sille-Oyan Circle, East Siang District to also take note of the decision of the Rani Bane Kebang held on 29.12.2016, wherein, there is a declaration that the land in question is the land of the School concerned. 5. The hearing be conducted on 29.08.2022 in the Office of the Estate Officer cum Circle Officer, Sille-Oyan Circle, East Siang District. In the hearing the appropriate officials of the Education Department or School authorities may also participate and produce all relevant documents they desire to produce. 6. The petitioner is also directed to remain present before the Estate Officer cum Circle Officer, Sille-Oyan Circle, East Siang District on 29.08.2022 and he may also be allowed to produce any relevant materials or documents if he desires to and upon giving him the opportunity of being heard and materials being considered, the Estate Officer cum Circle Officer, to pass a reasoned order on the respective rights of the parties. 7. In the event, the decision of the Estate Officer cum Circle Officer is against the petitioner, the earlier notice requiring demolition and eviction would remain in force. On the other hand, if the decision of the Estate Officer cum Circle Officer, is in favor of the petitioner, the impugned notice dated 11.08.2022 be not given its effect. 8. Accordingly, the parties are directed to appear before the Estate Officer cum Circle Officer, Sille-Oyan Circle, East Siang District on 29.08.2022. 9. Writ petition stands disposed of as indicated above.