Jumken Kamdak and 2 Ors v. The State of Ap and 3 Ors

ORDER Date : 14-03-2023 Heard Mr. T. Gyatso, learned counsel for the petitioners. Also heard Mr. Y. Riram, learned Junior Government Advocate for the respondent nos. 1, 2 & 3. None appears for the respondent no. 4, despite being duly served, as indicated in the Office note, dated 10.05.2022.

¶2This writ petition is directed against the notice, dated 15.03.2022, issued by the Additional Deputy Commissioner-cum-Additional District Magistrate, Leparada District, Arunachal Pradesh, vide No. LRD/JDL-15/2021-22/2434, whereby, people living in the adjacent area specially village of KamdakTaba has been directed not to carry out any illegal wood cutting, Jhum cultivation, agricultural activities within the private land of the respondent no. 4.

¶3The impugned notice dated 15.03.2022, was issued by the Additional Deputy Commissioner-cum-Additional District Magistrate, Leparada District, Page No.# 3/4 Basar, on a complaint lodged by the respondent no. 4, stating that the people living in the adjacent village, namely, KamdakTabawere illegally carrying out activities like Jhum cultivation by felling trees and agricultural activities at his land, namely, "Chante and Rachep" area without his permission.

¶4The learned counsel for the petitioners contends that the land called "Chante and Rachep" belongs to them.

¶5The respondent nos. 2 & 3 have filed counter-affidavit, wherein, it has been contended that the impugned notice, dated 15.03.2023 was issued bythe Additional Deputy Commissioner-cum-Additional District Magistrate, Leparada District, on good faith in order to prevent untoward incident andmaintain law and order in the area.

¶6After hearing the learned counsels appearing for the parties and on perusal of the materials available on the record, it appears that there is a dispute regarding the ownership of land in "Chante and Rachep" between the petitioners and the respondent no. 4.

¶7In view of the above, this writ petition is disposed of leaving the parties to resolve the dispute regarding the ownership of land called "Chante and Rachep", if any, by approaching the proper forum for resolving such a dispute.

¶8Consequently, the impugned notice, dated 15.03.2022, issued by the Additional Deputy Commissioner-cum-Additional District Magistrate, Leparada District, Arunachal Pradesh, vide No. LRD/JDL-15/2021-22/2434, is hereby set aside and quashed, on the ground that the impugned notice does not indicate any provision of law under which it has been passed. The Additional Deputy Commissioner, or, for that matter, the Deputy Commissioner, however, shall be within their competence to pass appropriate order(s), in accordance with law, Page No.# 4/4 insofar as maintenance of law and order in the area is concerned.

¶9The writ petition is disposed with the above direction and observation. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040003862022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 135/2022 1:Jumken Kamdak and 2 Ors. S/o Lt. Tojum Kamdak, R/o Everest Kamdak, PO/PS Basar, Leparada District, Arunachal Pradesh. 2: Ego Kamdak S/o Lt. Yomi Kamdak R/o Everest Kamdak PO/PS Basar Leparada District Arunachal Pradesh. 3: Doba Taba S/o Lt. Mido Taba. R/o Everest Kamdak PO/PS Basar Leparada District Arunachal Pradesh VERSUS 1:THE STATE OF AP and 3 Ors. Represented by the Secretary, General Administration, Govt. of Arunachal Pradesh, Itanagar 2:The Deputy Commissioner cum District Magistrate Basar Leparada District Arunachal Pradesh. 3:The Additional Deputy Commissioner cum Additional District Magistrate Page No.# 2/4 Basar Leparada District Arunachal Pradesh. 4:Tomo Basar S/o Lt. Goto Basar R/o Village Nyigam PO/PS Basar Leparada District Arunachal Pradesh Advocate for the Petitioner : T T Tara Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA