Allowed

Pisa Tabin and 10 Ors. v. the State of Ap and 2 Ors.

Gauhati HC4 Apr 2022WP(C)/104/2022

Case brief

AI extract

What is this about?

This order disposes of a writ petition where petitioners alleged a public hearing regarding jurisdictional merger was not held. The court directed the Deputy Commissioner to issue a new circular fixing a public hearing within 15 days to enable participation.

What did the court decide?

The writ petition allowed directing the Deputy Commissioner, Kurung Kumey to issue a de-novo circular fixing the date of a public hearing within 15 days.

Pisa Tabin and 10 Ors. Vs the State of Ap and 2 Ors. — Service and Employment | Gauhati HC (2022)

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GAHC040003002022

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

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Case No. : WP(C) 104/2022

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1:Pisa Tabin and 10 Ors. S/o Lt. Pisa Taja, Village Wabia, PO Sarli, PS Koloriang, Kurung Kumey, Arunachal Pradesh. M. No 9402277728

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2: Milli Dado S/o Lt. Milli Mangha

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Village Milli PO Sarli PS Koloriang Kurung Kumey Arunachal Pradesh

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3: Milli Dangdang S/o Shri Milli Fifih

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Village Milli PO Sarli PS Koloriang Kurung Kumey Arunachal Pradesh

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4: Pisa Kami S/o Lt Pisa Taja Village Wabia PO Sarli PS Koloriang Kurung Kumey Arunachal Pradesh.

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5: Pisa Tagar S/o Lt Pisa Along Village Wabia PO Sarli PS Koloriang Kurung Kumey Arunachal Pradesh

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6: Sije Gagu S/o Lt Sije Kati Village Gane PO Sarli PS Koloriang Kurung Kumey Arunachal Pradesh

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7: Pisa Tagung S/o Shri Pisa Jaku Village Wabia PO Sarli PS Koloriang Kurung Kumey Arunachal Pradesh

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8: Waru Lagu S/o Lt. Waru Tadek Village Waru PO Sarli PS Koloriang Kurung Kumey Arunachal Pradesh

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9: Sape Mama S/o Lt. Sape Dolu Village Sape PO Sarli PS Koloriang Kurung Kumey Arunachal Pradesh

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10: Waru Kewiang S/o Lt. Waru Tadek Village Waru PO Sarli PS Koloriang Kurung Kumey Arunachal Pradesh

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11: Sije Kani S/o Lt Sije Kati. Village Gane PO Sarli PS Koloriang Kurung Kumey Arunachal Prades

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VERSUS

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1:THE STATE OF AP and 2 Ors. Represented through the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar

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2:The Secretary District Administration Govt. of Arunachal Pradesh Itanagar 3:The Deputy Commissioner Kurung Kumey District Koloriang Arunachal Prades

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Advocate for the Petitioner : Lissing Perme Advocate for the Respondent : GA (AP)

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BEFORE

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HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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04.04.2022

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Heard Mr. L Perme, learned counsel for the petitioner and Ms. P Pangu, learned counsel for the respondents.

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The petitioners herein are all public leaders and Panchayat members, both past and present, of Polosang Circle under Kurung Kumey district. The Deputy Commissioner of Kurun Kumey district by a communication dated 28.05.2021 made to the Secretary, Administration Department, Government of Arunachal

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Pradesh had forwarded a proposal received from a Zila Parishad Member, Damin for up-grading the post of Circle Officer to the post of Additional Deputy Commissioner, Damin. It is stated that a resultant effect of the proposal would be that the Polosang Circle would now be made a part of the new Additional Deputy Commissioner Headquarter, Damin.

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The petitioners being the local people are aggrieved to the extent that there is a considerable distance between the Polosang and the proposed Headquarter at Damin and if the Polosang Circle is merged with the jurisdiction of the Additional Deputy Commissioner Headquarter, it would cause inconvenience to the people of Polosang. Consequent thereof, an application had been made by the representatives of Polosang circle to the Chief Secretary to the Government of Arunachal Pradesh dated 15.06.2021 raising a complaint against the inclusion of Polosang Circle in the new proposed Additional Deputy Commissioner Administration Headquarter at Damin in the Kurung Kumey district with reference to file No. KK/DEV-5522/10-11(Vol-II) dated Kig 28.05.2021.

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In response to such representation being submitted by the local people of Polosang Circle, the Secretary to the Government of Arunachal Pradesh in the District Administration Department had required the Deputy Commissioner, Kurung Kumey to conduct a public hearing on the objection made by the people of Polosang Circle to the proposed merger. Consequent thereof, by the circular dated 19.10.2021, the Deputy Commissioner informed all ZPM, GPCs, GPMs, HGBs, GBs, General Public and Youths of Polosang circle that a mass hearing will be held at Sarli General Ground/ Community Hall on 29.10.2021 at 10.00 hours. The grievance raised is that the said public hearing had not been held and therefore, the objections raised by the public of Polosang Circle remains

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unattended.

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If there is already a decision by the authorities in the Government of Arunachal Pradesh in the District Administration Department to have a public hearing and the Deputy Commissioner having fixed a date thereof, we are of the view that the public interest would be served if the hearing is done and completed at the earliest.

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In such view of the matter, this writ petition is disposed of by directing the Deputy Commissioner, Kurung Kumey district to issue a de-novo circular fixing the date of the public hearing by informing all concerned. The date of the hearing be fixed within a period of 15(fifteen) days from the date of receipt of a certified copy of this order and the time and place of the meeting be given a wide circulation, so as to enable the interested persons of Polosang Circle to attend the same.

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The writ petition is allowed to the extent as indicated above.

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JUDGE

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Comparing Assistant

Pisa Tabin and 10 Ors. v. the State of Ap and 2 Ors.

Case brief

What is this about?

What did the court decide?

Pisa Tabin and 10 Ors. v. the State of Ap and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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