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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Likha Nap, Wife of Sri N.L. Kamin – Appellant
Versus
State of Arunachal Pradesh, Represented through the Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to order under article 226 (Para 1 , 2) |
| 2. background of marriage and property ownership (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. legal proceedings related to domestic violence (Para 9 , 10 , 11 , 12) |
| 4. complaint for lpc cancellation (Para 14 , 15) |
| 5. appellate review of lpc issuance (Para 16 , 17) |
| 6. authority and jurisdiction of respondents (Para 18 , 19 , 20 , 21 , 23 , 24) |
| 7. nature and scope of the interim order (Para 22 , 26 , 27 , 28 , 29) |
| 8. impugned order quashed due to lack of jurisdiction (Para 30) |
| 9. future enforcement of interim order still valid (Para 31) |
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 s
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....
Cancellation of LPC – Opportunity of hearing not given – Hence cancellation not justified.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
A party claiming occupancy rights must provide authentic documentation; the reliance on disputed or fabricated orders leads to dismissal of such claims.
Point of Law : Domestic violence – Challenge to interim orders - No bar in entertaining a petition under Article 227 of the Constitution even in orders passed by criminal courts.
Point of Law : Revenue record – Record of Right - Though these entries have been held to be having no legal basis yet these could be looked into for collateral purposes.
The Deputy Commissioner cannot issue eviction orders without specific legal authority under the Arunachal Pradesh (Land Settlement and Records) Act, 2000.
Traditional land ownership rights in Arunachal Pradesh must be acknowledged, and mere possession is insufficient to establish ownership without considering customary practices.
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