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2025 DAILYLAW 23718 (GAU)

Yomlar Buchi and 2 Ors v. The State of AP and 8 Ors

IA(C)/203/2025 · 2025-11-10

Kalyan Rai Surana, Pranjal Das

body2025

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Page No.# 1/7 GAHC040013512025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/203/2025 Yomlar Buchi and 2 Ors Son of Late Mr Linyom Buchi, resident of Liru B village, PO Likabali, Lower Siang District, Arunachal Pradesh 791125 2: Doi Noshi Age: Occupation : Son of Shri Mardo Noshi resident of Liru B Village Likabali Lower Siang District Arunachal Pradesh 791125 3: Rike Taipodia Age: Occupation : Son of Duri Taipodia resident of Liru A Village Likabali Lower Siang District Arunachal Pradesh 79112 VERSUS The State of AP and 8 Ors represented by the Chief Secretary, office at Arunachal Pradesh Civil Secretariat, Itanagar, Papum Pare District, Arunachal Pradesh 791111 2:The Deputy Commissioner Age: 0 Occupation : Lower Siang District Govt of Arunachal Pradesh office at Upper Colony Likabali Lower Siang District Page No.# 2/7 Arunachal Pradesh 791125 3:The Commissioner Age: 0 Occupation : Public Works Department Govt of Arunachal Pradesh office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District 791110 4:The Executive Engineer Age: 0 Occupation : Public Works Department Govt of Arunachal Pradesh Gensi Division Office at Upper Colony Lower Siang District Arunachal Pradesh 791125 5:The Chief Engineer (Highway Zone) Age: 0 Occupation : Public Works Department Govt of Arunachal Pradesh office at Itanagar Papum Pare District Arunachal Pradesh 791110 6:The Secretary Age: 0 Occupation : Rural Work Department Govt of Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791110 7:The Executive Engineer Age: 0 Occupation : Rural Works Department Govt of Arunachal Pradesh Likaali Division Lower Siang District Arunachal Pradesh 791125 Page No.# 3/7 8:The Secretary Age: 0 Occupation : Water Resource Department Govt of Arunachal Pradesh office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791110 9:The Executive Engineer Age: 0 Occupation : Water Resource Department Govt of Arunachal Pradesh Likabali Lower Siang District Arunachal Pradesh 79112 Advocate for the Petitioner : Marge Lombi, Advocate for the Respondent : GA (AP), DSGI,SC(Highway),Marto Kato,Rintu Saikia,SC (RWD),Gimi Tarak Linked Case : PIL/19/2024 Mr Yomlar Buchi and 2 Ors Age: 28 Occupation : Address:Son of Late Mr Linyom Buchi resident of Liru B village PO Likabali Lower Siang Distirct Arunachal Pradesh 791125 2: Doi Noshi Age: 30 Occupation : Address:Son of Shri Mardo Noshi resident of Liru B Village Likabali Lower Siang District Arunachal Pradesh 791125 Page No.# 4/7 3: Rike Taipodia Age: 30 Occupation : Address:Son of Duri Taipodia resident of Liru A Village Likabali Lower Siang District Arunachal Pradesh 791125 VERSUS The State of AP and 8 Ors Age: 0 Occupation : Address:represented by the Chief Secretary office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791111 2:The Deputy Commissioner Age: 0 Occupation : Address:Lower Siang District Govt of Arunachal Pradesh office at Upper Colony Likabali Lower Siang District Arunachal Pradesh 791125 3:The Commissioner Age: 0 Occupation : Address:Public Works Department Govt of Arunachal Pradesh office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District 791110 4:The Executive Engineer Age: 0 Occupation : Address:Public Works Department Govt of Arunachal Pradesh Gensi Division Office at Upper Colony Lower Siang District Arunachal Pradesh 791125 Page No.# 5/7 5:The Chief Engineer (Highway Zone) Age: 0 Occupation : Address:Public Works Department Govt of Arunachal Pradesh office at Itanagar Papum Pare District Arunachal Pradesh 791110 6:The Secretary Age: 0 Occupation : Address:rural Work Department Govt of Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791110 7:The Executive Engineer Age: 0 Occupation : Address:Rural Works Department Govt of Arunachal Pradesh Likaali Division Lower Siang District Arunachal Pradesh 791125 8:The Secretary Age: 0 Occupation : Address:Water Resource Department Govt of Arunachal Pradesh office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791110 9:The Executive Engineer Age: 0 Occupation : Address:Water Resource Department Govt of Arunachal Pradesh Likabali Lower Siang District Arunachal Pradesh 791125 ------------ Advocate for : Marge Lombi Page No.# 6/7 Advocate for : GA (AP) appearing for The State of AP and 8 Ors: Advocate , , , , , , , , appearing for 2, 3, 4, 5, 6, 7, 8, 9, respectively. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 11.11.2025 (K.R. Surana, J) Heard Mr. M. Lombi, learned counsel for the applicants. Also heard Mr. M. Kato, learned DSGI, appearing for the Union of India; Mr. R.H. Nabam, learned Additional Advocate General for the State, respondent nos.1, 2, 3, 4, 8 and 9; and Ms. B. Mema, learned counsel appearing on behalf of Mr. G. Tarak, Page No.# 7/7 learned standing counsel for the respondent nos.6 and 7. None appears on call for the respondent no.5. 2. By filing this interlocutory application, the applicants are seeking to delete the respondent no.5 from the array of parties in the connected PIL No. 19/2024 as well as to implead the authorities who are morefully described in paragraph 11 (a) to (f) of this interlocutory application as respondent nos.10 to 15. 3. The learned DSGI has submitted that he requires some more time to obtain instruction on the prayer made in this application for impleading. 4. Having noted from the contents of the additional affidavit and annexures appended thereto that stretches of the concerned National Highway is maintained by the BRO and NHIDCL, the prayer for seeking further time to obtain instruction is rejected and the prayer made in this interlocutory application is allowed. 5. Resultantly, the name of respondent no.5 is struck off from the array of parties in the connected PIL without altering the seriatim of the parties and the authorities whose particulars are disclosed in paragraph- 11 (a) to (f) in this interlocutory application, are allowed to be impleaded as respondent nos.10 to 15 respectively in the connected PIL. 6. Accordingly, this interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant