Allowed

Techi Deram v. the State of Ap and Anr.

Gauhati HC16 Aug 2022WP(C)/269/2022

Case brief

AI extract

What is this about?

Petitioner assailed non-consideration of his representation regarding ancestral land allotment to Geological Survey of India. Court directed Deputy Commissioner to examine claim, verify land records, consider Arunachal Pradesh land system, and pass reasoned order within three months while preserving peaceful possession.

What did the court decide?

Directed Deputy Commissioner to consider petitioner's representation, examine land ownership claims, and pass reasoned order within three months while maintaining petitioner's peaceful possession.

Techi Deram Vs the State of Ap and Anr. — Property and Title | Gauhati HC (2022)

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Page No.# 1/3

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GAHC040009142022

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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) 269/2022

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1:Techi Deram S/o Late Techi Tad, Permanent Residence of Ganga Village, PO/PS Itanagar, District Papum Pare, Arunachal Pradesh.

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VERSUS

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1:THE STATE OF AP and Anr.

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Represented by the Chief Secretary, Govt. of Arunachal Pradesh.

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2:The Deputy Commissioner Capital Complex Itanagar District Papum Pare Arunachal Pradesh.

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3:The Director Geological Survey of India

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Office at Chandranagar near Ganga Village Itanagar District Papum Pare Arunachal Pradesh

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Advocate for the Petitioner : Taba Topu

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Advocate for the Respondent : GA (AP)

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Page No.# 2/3

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BEFORE HONBLE MR. JUSTICE A M BUJOR BARUA

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ORDER

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Date : 16-08-2022

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Heard Mr. T. Topu, learned counsel for the petitioner and Mr. I. Riram, learned counsel for all the respondents.

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The petitioner is a native person of the Capital Complex, Itanagar and is a farmer by occupation. The petitioner claims to be the owner of a plot of land measuring 6,255 sq. meters located at Ganga village, which he claims to be his ancestral land.

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Accordingly, the petitioner had submitted an application for issuing Land Possession Certificate (LPC) in respect of the land under his ownership before the Deputy Commissioner on 15.01.2022 bearing application No. 1959, along with a No Objection Certificate from the village Gaon Burah as well as from the Gram Chairperson of Ganga Village Panchayat. The application No. 1959 is available as Annexure 1 page 16 to the writ petition. The application of the petitioner was rejected as informed by the Deputy Commissioner, Capital Complex Itanagar vide a communication dated 08.03.2022 by providing that the plot of land for which LPC was claimed by the petitioner is a Government allotted land to the Geological Survey of India which was issued vide Government Allotment No. DC/ICC/LM/GL-01/2020 dated 31.01.2020.

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Accordingly, the petitioner submitted a representation dated 23.05.2022 before the Deputy Commissioner, Capital Complex, Itanagar making his claim that the land in question is his ancestral land over which the petitioner has his ownership. Accordingly, the petitioner assails the land allotment order dated 31.01.2020 issued in favour of the Geological Survey of India.

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Page No.# 3/3

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This writ petition is instituted on the grievance that the representation of the petitioner dated 23.05.2022 had not been given its consideration.

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Considering the limited grievance raised, we dispose of the representation directing the Deputy Commissioner, Capital Complex, Itanagar to give a consideration to the representation of the petitioner dated 23.05.2022 and pass a reasoned order thereon. In doing so, the Deputy Commissioner to look into the claim of the writ petitioner that the land in question is his own private ancestral land and if upon examination it is found that the land in question is the private ownership land of the petitioner, the Deputy Commissioner to take note of the same and pass an order thereon. In doing so, the Deputy Commissioner to also take note of the land system prevailing in the State of Arunachal Pradesh. The Deputy Commissioner to also look into the records as to under what circumstance the land in question was allotted to the Geological Survey of India if it was the private land of the petitioner and what authority the Government had in doing so. The reasoned order be passed within a period of 3(three) months from the date of receipt of certified of this order. Till such reasoned order is passed, the Deputy Commissioner is directed not to disturb the peaceful possession of the petitioner in respect of the land in any manner.

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Writ petition stands allowed as indicated above.

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JUDGE

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Comparing Assistant

Techi Deram v. the State of Ap and Anr.

Case brief

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Techi Deram v. the State of Ap and Anr.

Case brief

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