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.

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. for residential purpose. However, vide the impugned order dated 09.10.2023, the LPC was cancelled and the same was directed to be surrendered. It is this action which is the subject matter of challenge in this present writ petition.

4. Sri Jamoh, learned counsel for the petitioner has submitted that the impugned order is arbitrary and unreasonable and without showing any reasons, the LPC has been cancelled. He has reiterated that the LPC was issued on 15.02.2022 in accordance with law. He has also emphasised that no opportunity of any manner was provided to the petitioner before such cancellation and therefore, there is gross violation of the principles of natural justice.

5. Shri Nabam, learned Addl. A.G. has, however, strenuously opposed the writ petition and has submitted that the process of issuance of LPC was not proper and the petitioner had made incorrect statements while applying for the same. He has also submitted that there was an undertaking in the application for such LPC that in the event any incorrect statement or forgery was involved, such LPC would be cancelled without any notice. He has submitted that in view of such undertaking, the impugned order has been rightly passed on 09.10.2023.

6. Shri Bam, learned counsel for the respondent no. 3 has submitted that the initiation of the process of issuance of LPC was not bona fide and the petitioner had made false statement while applying for the same. While drawing the attention of this Court to the affidavit-in-opposition filed by his client on 11.09.2024, more particularly, the application of the petitioner which has been enclosed as Annexure-2, the learned counsel has submitted that there is a declaration that the statement made in the application are true and if it is found to be false/ forged or misleading, the LPC issued may be cancelled without giving any notice. He has submitted that in view of such undertaking, the requirement of issuing notice would not arise.

7. The rival submissions have been duly considered and the materials on records carefully examined.

8. The impugned order dated 09.10.2023 pertains to cancellation of the LPC. A reading of the same, reveals that the LPC was issued on 15.02.2022 in respect of which, a complaint was lodged by the respondent no. 3. The impugned order also states that on the strength of undertaking affidavit submitted by the petitioner, the LPC issued is cancelled. There is, however, no disclosure in the impugned order that any incorrect statement or forgery was indulged into by the petitioner while applying for the LPC. Be that as it may, the primary reason which appears from the impugned order of cancellation is based on a complaint made by the respondent no. 3.

9. This Court is of the opinion that a right had accrued to the petitioner upon issua