The Gaon Burah lacks authority to adjudicate on the validity of Land Possession Certificates.

HON’BLE MR. JUSTICE ROBIN PHUKAN

29.05.2025 Heard Mr. T. Jamoh, learned counsel for the petitioners and Ms. R.

Basar, learned Govt. Advocate for the State.

In this petition under Article 226 and 227 of the Constitution of India, the petitioner has challenged the authority of the Gaon Burah, Balek Village, Pasighat in issuing the summon dated 23.05.2025 to the petitioner No. 1, in respect of one complaint, dated 01.03.2025, regarding Tulap land.

Mr. Jamoh submits that the petitioner No. 1 is the owner of the plot of land measuring 3438 Sq. Mtrs and subsequently, the petitioner No. 1 has sold the aforesaid plot of land to the petitioner No. 2 and thereafter, the Govt. has issued Land Possession Certificate (for short, ‘LPC’) vide Annexure-I, in favour of the petitioner No. 2. Thereafter, dispute arose over the plot of land between the petitioner No. 1 and respondent No. 5, as a result, of which, the respondent No. 5 lodged a complaint before the Gaon Burah of Balek Village, Pasighat/ respondent No. 3. On receipt of the said complaint, the respondent No. 3 had tried to settle the dispute between the respondent No. 5 and the petitioner No. 1 and had issued summon to the petitioner No. 1 for deciding the matter on 23.05.2025 at Balek village Community Hall at 09.30 AM.

Mr. Jamoh further submits that if there is any dispute in respect of the LPC, there is an authority to deal with the same i.e. the authority who had issued the said LPC, but the respondent No. 3/ the Gaon Burah of Balek Village has no authority to decide the legality or validity of the LPC issued in favour of the petitioner No. 2. As such, Mr. Jamoh, learned counsel for the petitioner submits that the impugned summon, dated

23.05.2025, issued to the petitioner No. 1 may be stayed.

Ms. R. Basar, learned Govt. Advocate appearing for the State respondents fairly submits that if there is any dispute in respect of issuance of LPC then there is authority to deal with the same and the Gaon Burah does not have the authority to decide the same.

Having heard the submissions of the learned counsel for both the parties and on perusal of the documents placed on record i.e. the Annexure-I, of the petition and the summon, which is enclosed with the petition at Page No. 29.

The submissions so advanced by the learned counsel for the parties needs further consideration, at this stage, let notice be issued to the respondents returnable within 4 (four) weeks.

Since Ms. R. Basar, learned Junior Govt. Advocate has entered appearance and accepted notice on behalf of State respondent Nos. 1 & 2, no formal notice is required to be issued. However, requisite extra copies of the writ petition along with the annexures appended thereto be furnished to her during the course of the day.

The learned counsel for the petitioners is directed to take steps for service of notice upon respondent Nos. 3 to 5 by registered post with A/D as well as by usual process. Steps be taken within a week from today. Pending further consideration, the impugned summon dated

23.05.2025 issued by the Gaon Burah, Balek Village, Pasighat/