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KARDAK ETE
Lobsang Tsering, Son of Tomrin – Appellant
Versus
State of Arunachal Pradesh, represented by the Chief Secretary, Govt of Arunachal Pradesh – Respondent
JUDGMENT :
(Kardak Ete, J.)
Heard Mr. B. Picha, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Govt. Advocate for the State respondents.
2. Both the writ petitions have been instituted by the petitioner challenging the Notice dated 16.06.2023, Order dated 26.06.2023 and Order dated 30.06.2023, issued by the Superintendent of Police-cum-Estate Officer, Capital, Itanagar, whereby the petitioner has been issued notice to appear before the authority to show cause for an unauthorized occupation of public premises land at State Reserve Police Line (SRPL) Complex near Police Oil Depot, Chimpu, and to submit relevant documents of the said plot of land and consequential order to remove the erected boundary wall and the residential building from the said public premises, else the Section 7(i) of the Arunachal Pradesh Public Premises (Eviction of Un-authorized Occupants) Act, 2003 shall be invoked.
3. The petitioner is a practicing Advocate and the case projected by the him is that he is in occupation of land measuring 180 Sq.Mtr.(approx.) located at SRPL Colony, Chimpu, since last 6 years and has applied for allotment of the said land before the Deputy Commissioner,
The Superintendent of Police has authority under the Public Premises Act to initiate eviction against unauthorized occupants, regardless of pending allotment applications.
The main legal point established is the requirement for authorized Estate Officers to issue eviction notices and orders under the Arunachal Pradesh Public Premises (Eviction of Unauthorised Occupants....
Prior notice is mandatory before eviction proceedings can be initiated under the Arunachal Pradesh Public Premises Act, ensuring adherence to principles of natural justice.
The central legal point established in the judgment is the interpretation of the definition of public premises under the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 and the re....
: An administrative order passed without jurisdiction is amenable to a writ petition.
The necessity for eviction must be justified in addition to establishing unauthorized occupation under the Public Premises Act, as reaffirmed by prior judicial interpretations.
The jurisdiction of the Estate Officer under Section 4 of the Public Premises Act does not require the provision of reasons, and the pendency of a civil suit does not affect the authority's jurisdict....
The importance of not usurping the jurisdiction of the Estate Officer in matters involving mixed elements of fact and law.
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