GENI APANG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. Tony Pertin, learned counsel, assisted by Mr. H. K. Jamoh, learned counsel, appearing on behalf of the writ petitioner. Also heard Mr. Duge Soki, learned Addl. Senior Government Advocate, appearing on behalf of all the respondents.

(2.) This is a petition preferred by the petitioner under Article 226 of the Constitution of India, challenging the legality and validity of the impugned order, No. DC/LM-26/2003/622/14(Pt)/375 dated 03.03.2016 and the Notice, dated 16.03.2016, issued by the Deputy Commissioner, Itanagar, whereby the land allotment order of the petitioner issued by the Deputy Commissioner, Itanagar, allotting a plot of land measuring 1400 sq. mtrs. at 'O' Point, Itanagar, vide order, No. DC/LM-26/2003(VOL.II)/622/14(Pt)/553 dated 07.11.2005 has been cancelled and he has been directed to surrender the land allotment order/Passbook issued to him, immediately.

(3.) The case of the petitioner, as submitted by Mr. Pertin, learned counsel, is that, the petitioner being a citizen of this Country and a permanent resident of the State of Arunachal Pradesh, applied for allotment of a plot of land measuring 1400 sq. mtrs., for business purpose, at 'O' Point, Itanagar, to the Deputy Commissioner, Papum Pare District, Yupia. In pursuant to his application, the Deputy Commissioner, Yupia, after surveying and making inquiry of the land, in question, as well as examining the possibility of allotting the same, forwarded the matter to the State Government for approval of allotment of the said plot of land in favour of the petitioner. The Directorate of Land Management, Government of Arunachal Pradesh, conveyed approval of the State Government for allotment of the said plot of land to the petitioner, vide letter, dated 07.11.2005. On receipt of the approval of the State Government, the Deputy Commissioner, Yupia, issued formal land allotment order for the land as requested by the petitioner vide land allotment order/Passbook No. ITA/10/89/2005, bearing land allotment No. LM-26/2003/Vol-II/622 dated 07.11.2005. The petitioner, thereafter, paid the annual lease rent and the premium for the same, till 31.12.2016. However, the Deputy Commissioner, Papum Pare District, Yupia, in the year 2006, vide his order, dated 4.1.2008, cancelled the land allotment order allotting the said plot of land to the petitioner without issuing any notice and giving him the opportunity of being heard. The petitioner being aggrieved, approached this Court by way of filing WP(C) No. 08(AP)2008, challenging the impugned order, dated 4.1.2008. This Court, vide order, dated 31.01.2008, disposed of the said writ petition by quashing and setting aside the impugned order, dated 4.1.2008. The operative portion of the judgment and order, dated 31.01.2008, is given below, for ready reference: