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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT ITANAGAR BENCH
SONGKHUPCHUNG SERTO, J.
Tanga Gamlin, S/o. Lt. Karya Gamlin - Petitioner
Versus
The State of A.P., Represented by the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar and Ors. - Respondents
W.P.(C) No. 20 of 2023
Decided On : 25-01-2023
Ministry Concerned – Adequate – Learned counsel appearing petitioners in three writ petitions appears that Union of India Ministry concerned are required to be arrayed as party respondents – Held, Learned Government Advocate accepts notice on behalf of respondent learned Standing counsel for Land Management Department accepts notice on behalf of respondent learned counsel for petitioner shall hand over adequate number of copies of petition to learned counsels appears today – Order Accordingly.
ORDER :
1. Upon hearing Mr. N. Ratan, learned counsel appearing for the petitioners in the three writ petitions, it appears that the Union of India and the Ministry concerned are required to be arrayed as party respondents.
2. The petitioners shall do the needful by hand. After the steps has been taken, let the notice be issued to all the parties, making the same returnable within four weeks.
3. For the State respondents, Mr. I. Riram, learned Government Advocate accepts notice on behalf of respondent Nos. 1, 4 and 5 and Mr. Dugmar Kamduk, learned Standing counsel for the Land Management Department accepts notice on behalf of respondent Nos. 2 and 3. The learned counsel for the petitioner shall hand over adequate number of copies of the petition to the learned counsels who appears today.
4. List these matters again immediately after four weeks. No coercive measures should be taken till the next date of hearing.
The court's decision emphasized the importance of providing an opportunity for the respondents to respond within a reasonable time, in line with principles of natural justice.
Courts can order interim protection to ensure the safety and security of petitioners pending the filing of a reply by the respondents.
The court's decision was influenced by the acceptance of the learned Solicitor General and the direction to list the matter after service is complete on the respondents.
The court emphasized procedural compliance in issuing notice to respondents in a legal matter.
The court may issue a writ of mandamus to direct administrative authorities to consider and dispose of an applicant's pending representation within a specified timeframe without arriving at a definit....
Court recognizes the necessity for fair hearing by issuing notice to respondents in a writ petition.
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