Disposed

Yura Tachik v. the State of Ap and 9 Ors.

Gauhati HC8 Sept 2024WP(C)/143/2023

Case brief

AI extract

What is this about?

Petitioner challenged a declaration letter by a village Gaon Burah association resolving a land dispute in favour of a rival claimant. The court noted the remedy against a village authority's decision lies before the Civil Court and permitted withdrawal with liberty to approach the competent Civil Court.

What did the court decide?

Writ petition withdrawn; liberty granted to approach the competent Civil Court.

Yura Tachik Vs the State of Ap and 9 Ors. — Property and Title | Gauhati HC (2024)

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Page No.# 1/4

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GAHC040003862023

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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)/143/2023

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Yura Tachik

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S/o Lt. Yura Maji,

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Permanent Resident of Village Lodokore, PO/PS Tali, District Kra Daadi, Arunachal Pradesh and presently residing at Niya Colony, Itanagar, PO/PS Itanagar, District Papum Pare, Arunachal Pradesh. Mob. No. 9402222432

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VERSUS

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THE STATE OF AP and 9 Ors.

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Represented by the Secretary (Land Management), Govt. of Arunachal Pradesh, Itanagar.

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2:The Director (Land Management) Age: 0 Occupation : Govt. of Arunachal Pradesh Itanagar.

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3:The Deputy Commissioner Age: 0 Occupation : Kra Daadi District Govt. of Arunachal Pradesh.

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4:Yura Taha Age: 0 Occupation : HGB Lt. Yura Takar Resident of Lodekore Village PO Tali PS Palin District Kra Daadi District

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Page No.# 2/4

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Arunachal Pradesh.

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5:Yarda Saba Age: 0 Occupation : HGB S/o Lt. Yarda Tamin Resident of Yarda Village PO Tali PS Palin District Kra Daadi District Arunachal Pradesh. 6:Tagru Dochu Age: 0 Occupation : GB S/o Lt. Tagru Tapak Resident of Dotte Village PO Tali PS Palin District Kra Daadi Arunachal Pradesh. 7:Nabam Tanu Age: 0 Occupation : GB S/o Lt. Nabam Tamam. Resident of Roing Village PO Tali PS Palin District Kra Daadi Arunachal Pradesh. 8:Lindum Nikla Age: 0 Occupation : HGB S/o Lt. Lindum Tama Resident of Village Dogha PO Tali PS Palin District Kra Daadi Arunachal Pradesh.

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9:Lindum Tatuk Age: 0

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Page No.# 3/4

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Occupation : GB S/o Lt. Lindum Tagak Resident of Village Magney PO Tali PS Palin District Kra Daadi Arunachal Pradesh. 10:Gichik Tadik Age: 0 Occupation : S/o Gichik Tadar Resident of Village Lengdi PO Tali PS Palin District Kra Daadi Arunachal Pradesh

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Advocate for the Petitioner : Neelam Taje, L Tatam

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Advocate for the Respondent : GA (AP), N Tate,T Torum,Dugmar Kamduk,SC(Land Management),Elina Perme

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BEFORE

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HON’BLE MR. JUSTICE KARDAK ETE

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O R D E R

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Date : 09.09.2024.

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Heard Mr. N. Taje, learned counsel for the petitioner. Also heard Mr. D. Kamduk, learned Standing Counsel, Land Management Department appearing for respondent Nos.1 & 2 and Ms. R. Basar, learned State Counsel for the Respondent No.3.

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Essentially, the challenge made in this petition by the petitioner is to the declaration letter issued by All Tali Area Gaon Burah Welfare Association

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Page No.# 4/4

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(ATAGBWA), dated 29.11.2022, whereby, after deliberation of the land dispute between the petitioner and one Gichik Tadak, the Head Gaon Burha and Gaon Burhas have declared that the petitioner has no right to claim the land (Gangtung) by granting the ownership to said Gichik Tadak to take possession of the land and allowed him to execute the pending work on the land (Gangtung).

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Having, considered that any person aggrieved by the decision of the village authority, has the remedy to approach the Civil Court, by way of an Appeal and on the prayer of learned counsel for the petitioner Mr. N. Taje, who fairly has submitted that he may be allowed to withdraw the Writ Petition, with the liberty to approach the appropriate Civil Court, I deem it appropriate to allow the same.

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Accordingly, the Writ Petition stands disposed of on withdrawal, with a liberty to approach the competent jurisdictional Civil Court, in accordance with the provisions of law.

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JUDGE

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Comparing Assistant

Yura Tachik v. the State of Ap and 9 Ors.

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Yura Tachik v. the State of Ap and 9 Ors.

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