Page No.# 1/3 GAHC040005822025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/99/2025 Ojing Darung Son of Late Tanam Darung, Mirem village, Circle Bialt, PO Bilat, PS Ruksin, East Siang District, Arunachal Pradesh. VERSUS The State of AP and 3 Ors represented by the Secretary (Land Management), Govt of Arunachal Pradesh, Itanagar. 2:The Director of Lan Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 3:The Deputy Commissioner Age: 0 Occupation : Boleng Siang District Govt of Arunachal Pradesh. 4:The District Land and Revenue and Settlement Officer Age: 0 Occupation : Boleng Siang District Govt of Arunachal Pradesh Advocate for the Petitioner : Tabit Tapak, Advocate for the Respondent : GA (AP), Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 11.04.2025 Heard Mr. T. Tapak, learned counsel for the applicant as well as Ms. R. Basar, learned Government Advocate appearing for the State respondents. 2. The case of the applicant in the connected writ petition is that though approval was given by the competent authority for allotment of 180 sq. mtrs. land at Boleng, Siang District, on field survey, only 160 sq. mtrs. land was available and therefore, amongst others, the applicant had prayed for implementation of the allotment order. 3. In his representation to the authorities, which is available in the connected writ petition, the applicant had proposed to the authorities to acquire land from the connected Government land measuring 500 sq. mtrs. to make up the shortfall of 20 mtrs. 4. In this Interlocutory Application, prayer is made for directing the respondents for securing 180 sq. mtrs. land in terms of the said allotment order of 12.06.2015. 5. It may be stated that allotment order dated 12.06.2016 was not issued in favour of the applicant, but was in favour of the donor, who had gifted the land to the applicant. There is nothing on record to show that the land allotment order dated 12.06.2015 is transferable. Therefore, it is not open for the applicant to enforce the land allotment order dated 12.06.2015. Page No.# 3/3 6. In the connected writ petition, it is projected that the appropriate authority had approved proposal for allotment of 180 sq. mtrs land to the applicant, but on field survey, only 160 mtrs. land was found. 7. Therefore, the applicant has a choice of either accepting whatever is available or to take an appropriate recourse as he may be so advised. As the applicant does not have established right, title and interest over the land measuring 180 sq. mtrs., for which only an approval the land allotment has been granted, no direction can be issued to secure 180 sq. mtrs. in terms of land allotment order dated 12.06.2015 or to direct the respondent authorities for transferring government land measuring 180 sq. mtrs. in terms of a communication dated 23.11.2023 (Annexure-VII to the writ petition). 8. Therefore, in absence of prima facie right, title and interest in favour of the applicant, he is not found entitled to any relief in this Interlocutory Application. Accordingly, this Interlocutory Application stands dismissed. JUDGE Comparing Assistant