The appellate authority exceeded its jurisdiction by invalidating a Land Possession Certificate based on a trial court's protective order, which cannot be adjudicated outside of the original judicial authority.

JUDGMENT :

MANISH CHOUDHURY, J.

1. In this writ petition preferred under Article 226 of the Constitution of India, the two petitioners have challenged the legality and validity of an Order dated 11.03.2024 passed by the Secretary, Land Management, Government of Arunachal Pradesh [the respondent no. 1] in Appeal Case no. 01 of 2024 whereby a Land Possession Certificate [LPC] no. DC/LM/LPC-14/08[Prt] dated 29.05.2017 issued in favour of the petitioner no. 1 has been cancelled.

2. The necessary and relevant facts leading to the passing of the impugned Order dated 11.03.2024 can be exposited, at first.

3. It is stated that the marriage between the petitioner no. 2 and the respondent no. 4 was solemnized in the year 2008 according to the customary laws and traditions at Naharlagun, Arunachal Pradesh. Out of the wedlock, one son was born to them.

4. It is the case of the petitioners that the petitioner no. 2 purchased a residential/commercial plot of land located at Village – Lekhi, Post Office & Police Station – Naharlagun, District – Papum Pare, Arunachal Pradesh having a total area of 1218.00 M² [0.1218 Hectare] [hereinafter referred to as ‘the subject- plot’, for short] from one Techi Dakto in the year 2007. The subject-plot is with the following boundaries :- North : Plot of Sri Taba Bipul; South : Plot of J. Ratan; East : NH – 415; and West : River. After purchase of the subject-plot, the petitioner no. 2 applied for a Land Possession Certificate [LPC] before the Deputy Commissioner, Papum Pare District, Yupia [the respondent no. 3]. After due enquiry and based on a Report dated 20.12.2007 of the EAC, Naharlagun and a No Objection Certificate [NOC] dated 23.11.2008 given by the DFO, Bandardewa, a Land Possession Certificate [LPC] bearing no. DC/LM/LPC-14/08 was issued in favour of the petitioner no. 2 on 19.01.2009.

5. As per an Office Memorandum dated 19.12.1988 of the Land Records Department, Government of Arunachal Pradesh, a duly issued LPC is considered to be essential for an individual for obtaining financial facility from financial institutions. The petitioner no. 2 stated to have mortgaged the subject-land on the strength of the LPC dated 19.01.2009 by entering into a Deed of Mortgage with the State Bank of India, Naharlagun Branch for availing loan facility. The State Bank of India, Naharlagun Branch on execution of the Deed of Mortgage extended a Cash Credit facility of Rs. 40.00 lakhs and a Term Loan of Rs. 10.00 lakhs to the petitioner no. 2 on 13.05.2015. After availing such financial facility, the petitioner no. 2 constructed a RCC Building on the subject-plot at Lekhi Village.

6. It was in the year 2015, the respondent no. 4 as complainant filed an application against the petitioner no. 2 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 [‘the Domestic Violence Act’, for short] before the Court of learned Judicial Magistrate, First Class, Capital Complex at Yupia [‘the Trial Court’, for short] and the said case was registered as Domestic Violence Case no. 06/2015. By the application filed, the respondent no. 4 sought for appropriate orders under Section 18 [Protection Order], Section 19 [Residence Order], Section 20 [Monetary Relief], Section 21 [Custody Order] and Section 22 [Compensation Order]. In the application, the subject-plot with the RCC Building standing thereon had been described as the shared household