Mudang Duri v. The State of Ap and 4 Ors

ORDER Date : 19-07-2023 This is an application filed by the applicant seeking modification of the order, dated 09.06.2023, which is a common order passed in WP(C)02/2023, WP(C)57/2020 and WP(C)270/2022, whereby, prayer made by the learned counsel for the petitioner for causing service of notice upon the respondent Page No.# 4/5 no. 5 by newspaper publication was allowed.

¶2The modification of the said order is sought on the ground that no particular newspaper in which the notice is required to be published was indicated and more so, the respondent no. 5 in WP(C)02/2023 and WP(C)270/2022 is a resident of Tinsukia, Assam, whereas, the respondent no. 5 in WP(C)57/2020 is a resident of Ziro.

¶3Accordingly, the applicant contends that publication of notice in the newspaper will have to be made in different newspapers for the respondent no. 5 in WP(C)02/2023 and WP(C)270/2022, than in the case of respondent no. 5 in WP(C)57/2020.

¶4In the instant application, the applicant has also sought for causing service of notice upon the respondent no. 4 by substituted mode. However, the respondent no. 4 is found to be an Executive Engineer, PWD Division, Ziro, Government of Arunachal Pradesh and in that view of the matter, the respondent no. 4 is duly represented by Ms. G. Ete, learned Additional Senior Government Advocate. Thus, no formal notice is required to be sent to respondent no. 4.

¶5Having regard to the prayer made by the applicant for modification of the order, dated 09.06.2023, for causing service upon the respondent no. 5 by substituted mode, this application is allowed by providing that the petitioner shall take steps to cause publication of the notice upon the respondent no. 5 in the Assam Tribune, within a period of 3 (three) weeks from today by showing the next date of appearance on 18th September, 2023.

¶6After the aforesaid notice is published in the newspaper indicated above, Page No.# 5/5 the applicant shall file an affidavit enclosing a copy of the newspaper, where such notice has been published.

¶7The interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC040009392023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No: IA(C)/125/2023 Mudang Duri Age: 43 Address:Son of Late Mudang Nalye Resident of Hong Village PO Ziro District Lower Subansiri Arunachal Pradesh. 791120 Mobile No. 8575582030 VERSUS THE STATE OF AP and 4 Ors. Address:Through the Chief Secretary Govt. of Arunachal Pradesh Itanagar 791111 2:the Secretary (Land Management) Address:Govt. of Arunachal Pradesh Itanagar Pin No. 791111 3:the Deputy Commissioner Address:Lower Subansiri District Page No.# 2/5 Arunachal Pradesh 791120 4:the Executive Engineer Address:PWD Division Lower Subansiri District Arunachal Pradesh 791120 5:the Deputy Commissioner Address:Kendriya Vidyalaya Sangathan Regional Office Tinsukia Raj Ali Road Nau Pukhri District Tinsukia Assam 786125 ------------ Advocate for : Subu Koyang Advocate for : GA (AP) Linked Case : WP(C)/2/2023 Mudang Duri Age: 43 Address:S/o Late Mudang Nalye Village Hong PO Ziro Lower Subansiri District (AP) Pin Code No. 791120 Contact No. 8575582030 VERSUS THE STATE OF AP and 4 Ors. Address:Represented by the Chief Secretary Govt. of Arunachal Pradesh Itanagar 791111 2:The Secretary Page No.# 3/5 Address:(Land Management) Govt. of Arunachal Pradesh 791111 3:The Deputy Commissioner Address:Lower Subansiri District Arunachal Pradesh 791120 4:The Executive Engineer Address:PWD Division Arunachal Pradesh. 791120 5:The Deputy Commissioner Address:Kendriya Vidyalaya Sangathan Regional Office Tinsukia Raja Ali Road Nau Pukhri District Tinsukia Assam 786125 ------------ Advocate for : Subu Koyang Advocate for : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA