JUDGMENT :

MARLI VANKUNG, J.

1. Heard Ms. N. Danggen, learned counsel for the petitioner. Also heard Mr. D. Kamduk, learned Standing counsel for the Land Management Department representing the respondent Nos. 1 & 2, Ms. G. Ete, learned Additional Senior Government Advocate for the respondent Nos. 3 & 4 and Mr. D. Boje, learned counsel for the respondent No. 5.

2. This is a writ petition filed under Article 226 of the Constitution of India, wherein the legality and validity of the impugned order dated 10th June, 2013 is challenged, which was the approval for allotment of the disputed land at Yoji-Yora (Pakam) under Local Survey Plot No. 21 in favour of the private respondent No. 5 and the impugned allotment order dated 29.04.2016, of the disputed land to the private respondent No. 5.

3. Ms. N. Danggen, learned counsel for the petitioner submits that the disputed plot of land i.e. Local Survey Plot No. 21 located in the area called Yoji-Yora was donated by the villagers of Pakam. The petitioner’s late father was one of the main donors of the said area for the establishment of Aalo town, for which a commendation certificate was also awarded to his late father. The said area used to be occupied by Shastra Seema Bal (SSB), a paramilitary force, however, after their relocation, sometime in the year 2002-03, the government had allotted some portion of the land to various individuals. The villagers of Pakam were of the belief that the land should be reverted back to them and therefore, they had filed a W.P. (C) No. 283 (AP) of 2005 the High Court. In its order dated 22.08.2005 the said writ petition was disposed of with a direction for the Deputy Commissioner to dispose of the representations of the villagers. Subsequently, the Deputy Commissioner vide an order dated 16.11.2005 rejected the representations of the villagers of Pakam, on the ground that there is no sufficient evidence that the land was not permanently donated to the Government. However, it was not disputed that the land of Yoji/Yora originally belonged to the villagers of Pakam. The appeal filed by the villagers was also rejected on the ground that there was no evidence that the land was not permanently donated by the villagers to the Government.

4. The learned counsel for the petitioner submits that the petitioner has been in occupation of the land in dispute and on 05.01.2004, he made an application for allotment of the disputed land under Yoji-Yora (Pakam area) which he had been occupying for the last two years. Against this application, a surveyed verification report was submitted, which stated that there is no structure or another proposer for the plot and the plot map dated 05.03.2004. Thereafter, a blanket eviction notice was issued by the Deputy Commissioner on 17.11.2009 for the eviction of the occupants within the area of 91314 Sq mts of area allotted to SBB along with the existing building till further order or are authorized to occupy the building of NHPC lying vacant, copy of the notice was also served upon the petitioner. However, ultimately, no eviction was carried out against the occupants. Thereafter the petitioner enquired about his application dated 05.01.2004 for the allotment of the land at Yoji-Yora, the petitioner was advised to submitted a fresh representation as per the prescribed format. Thus on 05.09.2012, he submitted a fresh application as per the required format.

5. The learned counsel submits that considering the above aspects, the petitioner had been expecting the allotment of the said plot of land, however, the impugned notification dated 10.06.2013 was issued, approving the allotment of the disputed land at Yoji-Yora to the private respondent No. 5 and the petitioner was allotted another plot of land situated between Shiv Mandir and the plot of Shri Lemgo Loyi (respondent No. 6). However, the petitioner found that the plot of land allotted to him was not humanly liveable. The learned counsel for the petitioner also submits that the respondent