MITALI THAKURIA
Deputy Commissioner, District Lower Subansiri, Ziro, Arunachal Pradesh – Appellant
Versus
Kago Yassung, D/o. Lt. Kago Tabin – Respondent
JUDGMENT :
Heard Mr. S. Tapin, learned Senior Government Advocate for the State/petitioners. Also heard Mr. K. Taja, learned counsel for the respondent.
2. This is an application under Section 115 of the Code of Civil Procedure against the order dated 18.02.2019, passed by the learned Civil Judge (Senior Division) Lower Subansiri District, Ziro in Misc. Case No. 50/2018, arising out of Money Suit No. 02/2016.
3. The contention of the State/petitioners is that in the year 1952, the land called “Ziro Putu” was donated by the local people of Ziro for the purpose of establishing the government establishment and since then, the same has been under the possession and use of the government. In regards to ownership of the said land, the dispute arose in the year 2000 which led to a litigation between Old Ziro Bazar Committee and Taso Kago and Lalyang clan. Finally, vide order dated 18.10.2002, the said land has been declared to be a government land and the claims of the Old Ziro Bazar Committee and Tazo Kago and Lalyang clan were rejected. But, in the year 2013, the plaintiff/respondent Smti Kago Yassung encroached over the said government land by way of erecting Ordinary Bamboo Type structur
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