GAHC040002072022 2025:GAU-AP:792 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/456/2015 Shri Kago Nime, age about 50 years, Son of Kago Jarbo, Permanent Resident of Hija village, P.O/P.S. Ziro, Lower Subansiri District, Arunachal Pradesh.

MOBILE NO. 8014518065 ..…Petitioner VERSUS

1. The State of Arunachal Pradesh, represented by the Secretary, Land Management, Government of Arunachal Pradesh, Itanagar. 2. The Deputy Commissioner, Lower Subansiri District, Arunachal Pradesh, Ziro.

3. Shri Kanki Darang, presently holding the post of the Deputy Commissioner, Lower SubansiriDistrict, Arunachal Pradesh, Ziro.

4. The Old Ziro Market Welfare Committee, represented by its Secretary Shri KalungLentho, S/o Late KalungKojing, Resident of Old Ziro, P.O/P.S-

Ziro, Lower Subansiri District, Arunachal Pradesh.

...... Respondents Advocate for the Petitioner : Mr. K. Tari Advocate for the Respondents : Ms. G. Ete, G/A Mr. K. Tama Date of Hearing& Judgment : 26.06.2025 :::BEFORE:::

HON’BLE MR. JUSTICE KARDAK ETE JUDGMENT & ORDER (Oral)

Heard Mr. K. Tari, learned counsel for the petitioner. Also heard Ms.

G. Ete, learned Additional Senior Government Advocate for the State respondent Nos.1 and2and Mr. K Tama, learned counsel for the respondent No.4.None appears for the respondent No.3.

2. By filing this writ petition, the petitioner has put to challenge the judgment and order dated 07.09.2015, passed by the Deputy Commissioner, Lower Subansiri District, Ziro, whereby the Land Possession Certificate dated 20.08.2009, issuedin favour of the petitioner has been cancelled, on the ground that the said order was passed without providing an opportunity of hearing to the petitioner.

3. The case of the petitioner, in brief, is that he is having a private land,measuring about 1720.70Sq.mtrs. at Kundo area (Kudung Barang), Ziro in the District of Lower Subansiri, Arunachal Pradesh, on which he has constructed his granary house, one Kutcha house and used as a kitchen garden. The petitioner claims that the said plot of land is under the occupation and possessionof the petitioner’s family since time immemorial and the same was inherited from his father. There was no dispute at any point of time with regard to the peaceful possession, except the present one.

4. It is contended that after proper physical verification, the Deputy Commissioner, Lower Subansiri District, Ziro issued a Land Possession Certificate (LPC), being No. LMZ/LPCZ/37/07/15 dated 20.08.2009, indicating that the said plot of land is free from all encumbrances as per the available record on that date, thereby confirming the possession of the petitioner.

5. While the petitioner was in peaceful possession of the said land, the Ziro Market Welfare Committee and the Executive Engineer, Ziro Electrical Division, lodged a complaints before the Deputy Commissioner, Lower Subansiri District, seeking cancellation of the Land Possession Certificate dated 20.08.2009, issued in favour of the petitioner. Pursuant to the complaints, the Deputy Commissioner, issued an order dated 08.07.2015, whereby a physical verification of the disputed land wasscheduled for

23.07.2015.

6. Mr. Tari, learned counsel for the petitioner submits that on 23.07.2015, the Deputy Commissioner, Lower Subansiri District, Ziro, roughly visited the disputed area and leftwithout conducting any proper measurement. The Deputy Commissioner, Lower Subansiri District, Zirowas accompanied by the Members of the Bazar Welfare Committee and the Officersfrom the Power Department, and they refused to hear the suggestion and clarificationof the petitioner. Thereafter, the Deputy Commissioner, Lower Subansiri District has passed the impugned order dated 07.09.2015, after two months, whereby the LPC dated 20.08.2009 is shown to be cancelled.

7. Mr. Tari, learned counsel submits that the Deputy Commissioner, Lower Subansiri District, Ziro has arrived at a conclusion in a most arbitrary and illegal manner witho