Single Judge held that the petitioner should be permitted to withdraw the writ petition with liberty to institute fresh proceedings challenging the eviction orders upheld by the appellate authority.
Writ petition stands closed as withdrawn, with liberty to the petitioner to institute a fresh proceeding challenging the orders passed by the respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/4
GAHC040015272026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C)/440/2026
Tagan Minki
Son of Late Tasing Mingki, resident of Rengo Village, PO and PS Boleng, Siang District, Arunachal Pradesh.
VERSUS
The State of AP and 3 Ors
represented by the Secretary, Land Management Department, Govt of Arunachal Pradesh, Itanagar.
2:The Director Age: 0 Occupation : Land Management Department Govt of Arunachal Pradesh Itanagar.
3:The Deputy Commissioner Age: 0 Occupation : Siang District Boleng Arunachal Pradesh.
4:The Estate Officer Age: 0 Occupation : Siang District
Page No.# 2/4
Boleng Arunachal Pradesh
Advocate for the Petitioner : Idak Bam, Ligam Nochi,Keten Tabang,Mindo Taso
Advocate for the Respondent : GA (AP),
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 16-09-2026
Heard Mr. I. Bam, learned counsel for the petitioner. Also heard Ms. G. Ete, learned Additional Senior Government Advocate appearing for the State respondents.
2. Essentially, this writ petition has been instituted challenging the eviction order dated 13.08.2026 and the subsequent order dated 31.08.2026 issued by the Estate Officer, Boleng, Siang District, whereby the petitioner has been directed to vacate the premises occupied by him, stated to be Government land allotted to the Government Higher Secondary School, Boleng. The petitioner had contended that, against the aforesaid order, he had preferred a statutory appeal under Section 12 of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 2003, which was stated to be pending before the appellate authority.
3. Considering the aforesaid submission, this Court, by order dated 11.09.2026, directed the learned Additional Senior Government Advocate to obtain instructions and produce the relevant records.
Page No.# 3/4
4. Today, Ms. G. Ete, learned Additional Senior Government Advocate, by placing the relevant records, submits that the provisional land allotment order issued in favour of the petitioner has subsequently been cancelled on the ground that the authority which had issued the same lacked the requisite jurisdiction and competence. She further submits that the statutory appeal preferred by the petitioner under Section 12 of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 2003 has since been disposed of by the Deputy Commissioner, Siang District, Boleng, vide order dated 11.09.2026, whereby the eviction order dated 13.08.2026 passed by the Estate Officer has been upheld. The petitioner has accordingly been directed to vacate the premises voluntarily and remove his personal belongings by 14.09.2026.
5. Confronted with the aforesaid position, Mr. I. Bam, learned counsel for the petitioner, fairly submits that he may be permitted to withdraw the present writ petition with liberty to institute a fresh proceeding challenging the orders passed by the respondent authorities.
6. In view of the submission made by the learned counsel for the petitioner, the writ petition stands closed as withdrawn, with liberty to the petitioner to institute a fresh proceeding challenging the orders passed by the respondents, in accordance with law.
7. Ms. G. Ete, learned Additional Senior Government Advocate, shall furnish copies of the documents received from the respondent authorities to the learned counsel for the petitioner.
8. The documents placed on record by the learned Additional Senior
Page No.# 4/4
Government Advocate are taken on record and marked as Document “X”.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner should be permitted to withdraw the writ petition with liberty to challenge the challenged orders.
Effect of disposal of statutory appeal on pending writ petition challenging eviction order.
1 provisions across 1 enactments
Tagan Minki
The State of AP
Secretary, Land Management Department, Govt of Arunachal Pradesh
Director, Land Management Department Govt of Arunachal Pradesh
Deputy Commissioner, Siang District Boleng
Estate Officer, Siang District Boleng
Kardak Ete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
