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2024 Supreme(Gau) 1263

KARDAK ETE
Tanam Nacho S/O Lt. Tapo Nacho – Appellant
Versus
State of A. P. Represented By The Commissioner, Land Management Deptt. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T Kumar, Mr. T Bayor,N Gamdik, Mr. T Ete, D. Doilyang, P K Gour
For the Respondent:Mr. M Kato, DSGI Mr. R.H. Nabam, Addl. Advocate General, AP.

JUDGMENT :

Kardak Ete, J.

Heard Mr. T. Bayor, learned counsel for the petitioners. Also heard Mr. R.H. Nabam, learned Addl. Advocate General, Arunachal Pradesh for the respondent Nos.1, 2 & 3 and Mr. M. Kato, learned Dy. S.G.I. for the respondent Nos.4 & 5.

2. The challenge made in this Writ Petition is to the order dated 12.12.2018, passed by the Deputy Commissioner, Upper Subansiri District, Daporijo, whereby, the claim of ownership of the petitioners over the land measuring about 8644.75 Sq. Mtrs., situated at Nacho and 14304.00 Sq. Mtrs., situated at Limeking, has been rejected as the petitioners have failed to adduce sufficient evidence/documents to prove their case of ownership which are presently under the possession of the ITBP, the respondent No.5. It is further held that the lands in question are of strategic importance and are connected to the National security.

3. The case, in brief, is that the petitioners claim that they are the owners of the land measuring about 3 (three) Acres, situated at Nacho and 4 (four) Acres situated at Limeking, in the Upper Subansiri District, which they have inherited from their forefathers from time immemorial. It is contended that without the

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