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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SANJAY KUMAR MEDHI
Techi Menia, W/o Shri T.M. Tara – Appellant
Versus
State Of AP – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The approach to this writ court under article 226 of the Constitution of India has been made with the following prayer:
i) A writ of mandamus or certiorari and/or any other appropriate writ or direction; setting aside and quashing the impugned order dated 30.06.2022 passed by the Deputy Commissioner, Capital Complex, Itanagar.
ii) A writ of mandamus or certiorari and/or any other appropriate writ or direction; setting aside and quashed the impugned vide LPC No.DC/CC/LPC-18/08 (pt) dated 05.10.2015 of the respondent No.3 for the land measuring 216 sq.mtrs situated at Model village, Naharlagun.
iii) A direction to the learned Deputy Commissioner, Capital Complex, Itanagar to hear the matter afresh on the basis of subsequent development of gift deed dated 09.10.2015 executed between respondent No.3.
iv) A direction to the respondent No.2 to restore/revive the LPC No.DC/CC/LPC- 18/08 dated 21.07.2008 of the petitioner the land measuring for sq.mtrs situated Naharlagun. at 216 Model village, Naharlagun. -And-
v) And/or pass such order/orders or directions as Your Lordship may deem fit and proper in the facts and circumstances of the case.
2. As per the facts pr
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.
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.
Not affording an opportunity to rebut claims of parties by allowing them to lead evidence either oral or documentary shall negate very foundation requirements of not only provisions but also lead to ....
The main legal point established in the judgment is that the cancellation of a mutation must adhere to the principles of natural justice and statutory provisions, and the authority reviewing the muta....
Cancellation of LPC – Opportunity of hearing not given – Hence cancellation not justified.
The main legal point established in the judgment is the abuse of process of law, malafides, and highhandedness in the resumption and restoration of land, leading to the demolition of structures, and ....
The main legal point established is the finality of litigation and the legal certainty conferred by the judgment and decree in favor of the petitioner, along with the award from the Permanent Lok Ada....
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