Writ petition challenging a communication forwarding a land dispute to the Village Grievance Board and directing status-quo. Court allowed petition to quash the status-quo direction but upheld referral to the Board.
Observation regarding maintenance of Status-quo quashed; referral to HGB not interfered with.
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GAHC040006682022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C) 206/2022
1:Annong Apang D/o Shri Kanggong Apang, R/o Moying Village, PO/PS Jengging, Upper Siang District, Arunachal Pradesh. Mob No 887307933
VERSUS
1:THE STATE OF AP and 2 Ors.
Represented by the Secretary, General Administration, Govt. of Arunachal Pradesh.
2:Extra Assistant Commissioner cum Executive Magistrate Upper Siang District Jengging PO/PS Jengging Arunachal Pradesh.
3:Rokom Apang S/o Lt. Namgyang Apang
R/o Jengging PO/PS Jengging Upper Siang District Arunachal Pradesh
Advocate for the Petitioner : T T Tara
Advocate for the Respondent : GA (AP)
BEFORE HONBLE MR. JUSTICE S.K.MEDHI
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ORDER
Date : 09-06-2022
Heard Shri Adam Tatak, learned counsel for the petitioner, who has put to challenge a communication, dated 10.05.2022 issued by the Extra Assistant Commissioner-cum-Executive Magistrate, Upper Siang District, Jengging vide No. JNG/JUD-44/2018-19/529. By the said impugned communication, a complaint which was received from the private respondent regarding a land dispute at Moying area has been forwarded to the HGB of Moying village.
By the said forwarding letter, the complainant and the respondent were also directed to maintain Status-quo till settlement of the case.
It is the case of the petitioner that without affording any opportunity of being heard to the petitioner against whom, the alleged complaint was filed has been lodged, the matter has been forwarded, by which, grave prejudice has been caused to the petitioner.
On the other hand, Shri Soki, the learned Addl. Sr. Govt. Advocate fairly submits that there cannot be any grievance with regard to forwarding of the complaint as no opinion has been rendered in respect of any of the parties and the matter is left to the judicious discretion of the HGB. The learned Addl. Sr. Govt. Advocate, however, concedes that the part of the order regarding maintenance of Status-quo may be interfered with and in that case, there is no occasion to keep this writ pending any further.
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In view of the proposal made by the learned Addl. Sr. Govt. Advocate and the broad consensus arrived at the Bar, this Court is of the view, that, if such order is passed, no prejudice would be caused to the complainant inasmuch as, the complaint is yet to be decided by the HGB.
In view of the above, the writ petition is allowed to the extent that the part of the impugned communication regarding referring the dispute to the HGB of Moying Village is not interfered with. However, the observation regarding maintenance of Status-quo made by the Extra Assistant Commissioner-cum-Executive Magistrate, Upper Siang District, Jengging vide No.JNG/JUD-44/2018-19/529 is set aside and quashed.
The parties, however, would be at liberty to pray for any interim order before the HGB upon initiation of the proceeding on the complaint.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the order forwarding a land dispute complaint to the Village Grievance Board violates principles of natural justice due to lack of opportunity of being heard.
Whether the direction to maintain the status-quo in the pending land dispute is legally sustainable.
Annong Apang
The State of AP
Extra Assistant Commissioner cum Executive Magistrate Upper Siang District
Rokom Apang
S.K. Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
