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2023 Supreme(Gau) 1322

ARUN DEV CHOUDHURY
Tagam Ruti S/o Late Tachak Ruti – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Karyom Dabi, T.Y. Bhutia.
For the Respondents: I. Riram, T. Tagum.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Ms. T.Y. Bhutia, learned counsel for the petitioner. Also heard Mr. I. Riram, learned Additional Senior Government Advocate for the respondent Nos. 1 and 2 and Mr. T. Tagum, learned Standing Counsel for the Health Department representing the respondent No. 3.

2. The present writ petition is filed by the petitioner on the ground that his residential house in Liru Village, Likabali, Lower Siang District, Arunachal Pradesh has been demolished pursuant to impugned notices dated 17.04.2023, 19.05.2023 and by order dated 31.05.2023, passed by the Deputy Commissioner, Lower Siang District, Likabali, without considering the submission made by him through his reply dated 24.04.2023 and without providing the petitioner any opportunity of fair hearing, which is in violation of the provision of the Arunachal Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 2003 (in short the Act 2003).

3. The basic case of the petitioner is that the first notice dated 17.04.2023 was issued by one Extra Assistant Commissioner on behalf of the Deputy Commissioner, Lower Siang District, Likabali and subsequent notice dated 19.05.2023 was issued by the Deputy

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