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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SANJAY KUMAR MEDHI
Markir Taipodia S/o Domar Taipodi – Appellant
Versus
State of A.P. – Respondent
| Table of Content |
|---|
| 1. background on the land possession certificate. (Para 3) |
| 2. claims and counterclaims regarding lpc cancellation. (Para 4 , 5 , 6) |
| 3. court's observation on cancellation procedure. (Para 7 , 8 , 9) |
| 4. importance of natural justice principles. (Para 10 , 11) |
| 5. court's decision on lpc cancellation. (Para 12 , 13) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. Heard Shri V. Jamoh, learned counsel for the petitioner. Also heard Shri R.H. Nabam, learned Addl. A.G., representing the State and Shri G. Bam, learned counsel for the respondent no. 3.
2. Considering the subject matter involved and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admission stage.
3. As per the facts projected, the grandfather of the petitioner (respondent no.3) had gifted a plot of land in the year 2020 vide a Gift Agreement executed before the Executive Magistrate, Likabali, Lower Siang District by following the due process of law. The petitioner had accordingly taken possession of the aforesaid plot of land and applied for Land Possession Certificate (LPC). Such LPC was issued to the petitioner on 15.02.2022 for the plot measuring 14303.49 sq. mtrs
The cancellation of the Land Possession Certificate without an opportunity to the petitioner constitutes a violation of the principles of natural justice, warranting the order's reversal.
The court ruled that the Deputy Commissioner violated natural justice by restoring the LPC without proper hearings, emphasizing the binding nature of prior findings affirming ownership.
Cancellation of LPC – Opportunity of hearing not given – Hence cancellation not justified.
The court upheld the cancellation of land settlement certificates based on procedural compliance and the validity of overlapping land claims.
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....
Natural justice principles require that parties affected by administrative actions be given the opportunity to be heard; failure to do so renders such actions arbitrary and unsustainable.
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