GAHC040006772025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

(ITANAGAR BENCH)

Case No. : WP(C)/198/2025 Rinya Ngulom and Anr Son of Late Tori Ngulom, Gogar Village, PO and PS Likabali, Lower Siang District, Arunachal Pradesh.

2: Marge Riba Age:

Occupation :

Son of Late Momar Riba Gogar Village PO and PS Likabali Lower Siang District Arunachal Pradesh VERSUS The State of AP and 2 Ors through the Chief Secretary, Govt of Arunachal Pradesh, Itanagar.

2:The Deputy Commissioner Age: 0 Occupation :

Lower Siang District Likabali Arunachal Pradesh.

3:Domo Dini Bogum (GB)

Age: 0 Occupation :

Son of Late Tado Dini Gogar Village PO and PS Likabali Lower Siang District Arunachal Pradesh Advocate for the Petitioner : Lissing Perme, Signal Yirang,Tabung Nonang,A Perme,L Kamsi,Krishna Dubey Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

Date : 08.05.2025 Heard Mr. L. Perme, learned counsel for the petitioners and Ms. G. Ete learned Additional Senior Government Advocate for the respondent Nos. 1 &

2.

2. Pursuant to the order dated 06.05.2025, Ms. Ete, learned Additional Senior Government Advocate has placed before the Court, a communication of the Deputy Commissioner, Lower Siang District, Likabali, dated 07.05.2025, apprising the Court that with regard to a land dispute case at Gogar village, the respondent No. 3, Gaon Bura of Gogar village, took a decision on 10.04.2021, against which, representation was filed, wherein, he being the Deputy Commissioner, issued summons and directed the parties to appear before him on 04.07.2024.

3. On 04.07.2024, the parties to whom summons were issued, appeared before him, were heard and they advanced their respective submissions.

4. During such hearing on 04.07.2024 before him, it was brought to the notice of the Deputy Commissioner, Lower Siang District, Likabali, that against the said decision dated 10.04.2021 passed by the respondent No. 3, an appeal has been preferred before the Court of the learned Civil Judge (Senior Division) at Pasighat that has been registered a Civil Appeal (Kebang) Appeal No. 139/2023.

5. The said fact was not known to the Deputy Commissioner, Lower Siang District, Likabali, who in exercise of its power, passed an order on

24.06.2024, fixing the matter on 04.07.2024 before the said authority.

6. On 04.07.2024, the parties to the proceeding brought to the notice of the Deputy Commissioner, Lower Siang District, Likabali, that by an order dated 03.05.2024, the Court of the learned Civil Judge (Senior Division) at Pasighat, disposed of the Civil Appeal (Kebang) No. 139/2023, setting aside and quashing the order dated 10.04.2021 passed by the respondent No. 3. As such, the Deputy Commissioner, Lower Siang District, Likabali, recalled the summons that he issued on 24.06.2024.

7. By the said communication, dated 07.05.2025, the Deputy Commissioner, Lower Siang District, gave the status report relating to the dispute of the land between the parties that was decided by the respondent No. 3 as Gaon Bura of Gogar village on 10.04.2021.

8. From the Annexures to this writ petition, it is seen that the respondent authorities, particularly, the Deputy Commissioner, Lower Siang District, Likabali, initially on 23.11.2021, issued Warning Notice to the respondent No. 3 and on 19.04.2022, issued Show Cause Notice to the said respondent No. 3 as to why necessary actions should not be initiated against him. Against the said Show Cause Notice, the respondent No. 3 submitted his reply on 28.04.2022.

9. Grievance of the writ petitioners, herein, is against the Deputy Commissioner, Lower Siang District, Likabali, as till date, the said authority did not complete the Departmental Proceeding initiated against the respondent No. 3 that was initiated way back on 23.11.2021 and Show Cause Notice was issued on 19.04.2022.

10. Issue Notice, returnable by 04.06.2025

11. As Ms. G. Ete, learned Additional Senior Government Advocate has accepted