Quashed

Chime Yangsang Pema Kod Welfare Society v. the State of Ap and 9 Ors.

Gauhati HC9 Jun 2022WP(C)/374/2021

Case brief

AI extract

What is this about?

This Court set aside an order by the Deputy Commissioner, Upper Siang, which declared land ownership and directed relocation, finding the officer lacked jurisdiction to decide title disputes. Parties may approach the appropriate civil forum.

What did the court decide?

The order dated 04.10.2021 passed by the Deputy Commissioner, Upper Siang, dealing with title and ownership is set aside.

Chime Yangsang Pema Kod Welfare Society Vs… — Civil Procedure and Limitation | Gauhati HC (2022)

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GAHC040010842021

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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) 374/2021

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1:Chime Yangsang Pema Kod Welfare Society Represented by its

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President Sh. Michung Khamba, S/o Sh. Temphi Khamba, Registered Office Tuting, P.O and PS Tuting, Upper Siang District, Arunachal Pradesh. Mobile No. 8132079417

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VERSUS

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1:THE STATE OF AP and 9 Ors.

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Through the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar

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2:The Deputy Commissioner Yingkiong Upper Siang District Arunachal Pradesh

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3:Padok Libang HGB Simong Village P.O and P.S Yingkion Upper Siang District Arunachal Pradesh

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4:Akkong Libang GB Simong Village

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P.O and P.S Yingkion Upper Siang District Arunachal Pradesh

5:Onbang Tekseng

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GB Simong Village

P.O and P.S Yingkiong Upper Siang District Arunachal Pradesh

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6:Adum Tekseng GB Simong Village

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P.O and PS Yingkiong Upper Siang District Arunachal Pradesh

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7:Anggo Nopi GB Simong Village

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P.O and P.S Yingkiong Upper Siang District Arunachal Pradesh

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8:Adum Nopi GB Simong Village

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P.O and P.S Yingkiong Upper Siang District Arunachal Pradesh

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9:Jobo Lipir GB Simong Village

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P.O and P.S Yingkiong Upper Siang District Arunachal Pradesh

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10:Tanyo Lipir GB Simong Village

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P.O and P.S Yingkiong Upper Siang District Arunachal Prades

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Advocate for the Petitioner : Rajesh Sonar

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Advocate for the Respondent : GA (AP)

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BEFORE HONBLE MR. JUSTICE S.K.MEDHI

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ORDER

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Date : 09-06-2022

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Heard Shri L. Dai, learned counsel for the petitioner.

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Also heard Shri S. Tapin, learned Senior Government representing the State respondents and Shri D. Panging, learned counsel appearing on behalf of the private respondent Nos. 3 to 10.

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As agreed by the parties and upon consensus arrived in the Bar, the writ petition is taken up for final disposal at the admission stage.

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The petitioner has put to challenge the order dated 04.10.2021, passed by the Deputy Commissioner, Upper Siang District, Yingkiong, whereby, the members of the Simong community of Simong village have been declared the land owners of the disputed land and the members of the writ petitioner society has been directed to shift the log cabin Gompa with kitchen to a new site.

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The primary submission made on behalf of the petitioner is only the issue of jurisdiction contending that the Deputy Commissioner, Upper Siang does not have the powers and jurisdiction to decide on the title and it is up to the competent civil Court or any forum recognized by law.

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Though other ground have also been urged, both Shri S. Tapin, learned Senior Government and Shri D. Pangin learned counsel for the private respondent Nos. 3 to 10 submits that so far as the jurisdictional point is concern, they will not oppose the same, in principle as apparently the Deputy

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Commissioner is not vested with the power and jurisdiction to make any findings on the Title over the land.

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In view of the aforesaid submissions, this Court is of the opinion that there is no requirement to further go into the other aspect of the dispute. Since it is apparent that the Deputy Commissioner, Upper Siang, had exceeded his jurisdiction in passing the impugned order dated 04.10.2021, by which the ownership and title over a plot of land has been decided, the same is set aside. However, the parties including the private respondents are at liberty to approach the appropriate forum for resolution of the dispute.

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It is further made clear that any observations made by this Court in this order shall not cause any prejudice to the inter se merits of both the parties.

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JUDGE

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Comparing Assistant

Chime Yangsang Pema Kod Welfare Society v. the State of Ap and 9 Ors.

Case brief

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Chime Yangsang Pema Kod Welfare Society v. the State of Ap and 9 Ors.

Case brief

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