Page No.# 1/4 GAHC040000352025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/5/2025 Debia Tama Son of Late Debia Tedi, permanent resident of Radhpu Village, PO Deed, Keyi Panyor District, Arunachal Pradesh and presently residing at Midpu Village, PO Doimukh, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP and 6 Ors represented by the Secretary (Department of Land Management) Govt of Arunachal Pradesh, Civil Secretariat, Itanagar, Arunachal Pradesh. 2:The Secretary Age: 0 Occupation : Department of Health and Family Welfare Govt of Arunachal Pradesh Civil Secretariat Itanagar Arunachal Pradesh. 3:The Director of Health and Family Welfare Age: 0 Occupation : Govt of Arunachal Pradesh Naharlagun Arunachal Pradesh. 4:The Deputy Commissioner Age: 0 Occupation : Papum Pare District Yupia PO Doimukh Arunachal Pradesh. Page No.# 2/4 5:The Estate Officer Age: 0 Occupation : Papum Pare District Yupia PO Doimukh Arunachal Pradesh. 6:The District Land Revenue and SEttlement Officer Age: 0 Occupation : Papum Pare District Yupia PO Doimukh Arunachal Pradesh. 7:Haa Tatu Age: 0 Occupation : Son of Haa Tama proprietor of M/s Kange Construction Itanagar Jullang Village PO RK Mission Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Tar Torum, Tayum Son Advocate for the Respondent : GA (AP), SC (Health and Family),Taba Tagum BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 09.01.2025 Heard Mr. T. Son, learned counsel for the petitioner. Also heard Mr. T. Tagum, learned Standing Counsel for the Health Department representing respondents No.2 and 3 and Ms. G. Ete, learned Additional Sr. Government Advocate for the respondents No. 4. Page No.# 3/4 2. This is an application filed under Article 226 of the Constitution of India challenging the Order dated 07.01.2025, issued by the Deputy Commissioner, Papum Pare District, Yupia wherein it has been stated that the petitioner shall dismantle the structure and remove the debris within the wall of the project site for “Establishment of State Cancer Institute” at Midpu within 24 hrs from the date of issue of the order. 3. According to the learned counsel for the petitioner, the notice has not been properly issued, as it is the Estate Officer who is the authorised person to issue such notice in the matter. Therefore, the petitioner may be protected and stay the impugned order dated 07.01.2025, issued by the respondent No.4. 4. On the other hand, Mr. T. Tagum, learned Standing Counsel for the Health Department submits that the matter may be remanded back and disposed of by setting aside the order dated 07.01.2025 passed by the Deputy Commissioner, Papum Pare District, with a direction to the Deputy Commissioner to take necessary steps, in accordance with law. Learned Government Advocate has also submitted in the same tune. 5. Considering the submissions made by the learned counsel for the parties, the matter is disposed of at motion stage, remitting the matter to the Deputy Commissioner, Papum Pare District, Yupia, with a direction to take necessary and appropriate steps, in accordance with law. 6. Accordingly, the order/notice dated 07.01.2025, issued by the Page No.# 4/4 Deputy Commissioner, Papum Pare District, Yupia vide No. DC(PP)Estate- 04/2016, is hereby set aside. 7. In view of the above, the present writ petition stands disposed of. JUDGE Comparing Assistant