ORDER

Date : 02-08-2021 Heard Mr. R. Saikia, learned counsel for the appellant. Also heard Mr. D.

Panging, learned counsel appearing on behalf of the Caveator, namely, Shri Dawa Philley, Son of Late Taje Philley of Village Segong-I, PO/PS: Menchuka, Shi-Yomi District, Arunachal Pradesh.

In this intestaste case, the appellant has challenged the Corrigendum, dated 15.07.2021, issued by the Deputy Commissioner, Shi-Yomi District, Tato, vide Memo. No. MK/J-1102/2021, whereby the Succession Certificate, dated 05.08.2020(wrongly typed as 24.07.2020 which fact has also been acknowledged by the learned counsel for the Caveator Mr. Panging), issued by the Deputy Commissioner, Shi-Yomi District, Tato, in favour of the present appellant Shri Dorjee Dindup Philley, vide Memo. No. MK/J-1102/2020; has been treated as null and void.

The appellant was issued with a Succession Certificate, dated 05.08.2020, by the Deputy Commissioner, Shi-Yomi District, Tato, vide Memo. No. MK/J- 1102/2021, under Section 377 of the Indian Succession Act, 1925, for the purpose of making correspondences in connection with the lease of an ancestral land measuring 21.64 acres located at Segong village which is currently occupied by the Indian Army for the purpose of establishment of Army Camp at Segong village.

It is the case of the appellant that the aforesaid Succession Certificate, dated 05.08.2020, was issued in favour of the appellant by virtue of the appellant being the son of Respondent No. 2 and the grandson of Late Phurba Tsering Philley. However, the Deputy Commissioner, Shi-Yomi District, Tato, acting on an application filed by as many as 8(eight) applicants including the present Caveator, for cancellation of the Succession Certificate, dated 05.08.2020, issued to the appellant, herein; the impugned Corrigendum, dated 15.07.2021, has been issued by the Deputy Commissioner, Shi-Yomi District, Tato, treating the Succession Certificate, dated 05.08.2020, issued to the appellant, as null and void.

The primary challenge made by the appellant in this case is that the impugned Corrigendum, dated 15.07.2021, issued by the Deputy Commissioner, Shi-Yomi District, Tato, treating the Succession Certificate, dated 05.08.2020, earlier issued to the appellant, as null and void; have been issued by the Deputy Commissioner, Shi-Yomi District, Tato, without hearing the appellant and therefore, the above act, is in violation of the principles of the natural justice.

Mr. Panging, learned counsel for the Caveator, on the other hand, submits that the Succession Certificate, dated 05.08.2020, issued in favour of the appellant by the Deputy Commissioner, Shi-Yomi District, Tato, could not have been issued as it pertains to an ancestral land measuring 21.64 acres located at Segong village which is currently occupied by the Indian Army for the purpose of establishment of Army Camp at Segong village, for which, no Succession Certificate could be issued by the authority concerned in respect of an immovable property.

Mr. Panging, learned counsel, further submits that the land referred to in the Succession Certificate, dated 05.08.2020, have now already been acquired by the Army authorities and the compensation amount has also been deposited in the Bank Account of the present appellant.

The learned counsel Mr. Panging, further contends that the present Caveator is a cousin brother of the instant appellant and therefore, the Caveator along with other cousin brothers including the appellant, herein, are jointly entitled to the compensation amount as they are the land owners of the land in respect of which the compensation amount has already been deposited in the Bank Account of the appellant.

Having heard the rival contentions advanced by the learned counsels for the appellant as well as the Caveator, I am of the considered view that since the impugned Corrigendum, dated 15.07.2021, issued by the Deputy Commissioner, Shi-Yomi District, Tato, treating the Succession Certificate, dated 05.08.202