Page No.# 1/4 GAHC040006092025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/181/2025 Chonkai Boham and 2 Ors Deomali, PO Deomali, Tirap District, Arunachal Pradesh. 2: Mrs Chumnya Sumpa Monpa Age: Occupation : Wife of Late Suraj Monpa Deomali PO Deomali Tirap District Arunachal Pradesh. 3: Pansang Pansa Age: Occupation : Deomali PO Deomali Tirap District Arunachal Pradesh VERSUS The State of AP and 2 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Superintendent of Police Age: 0 Occupation : Tirap District Khonsa Arunachal Pradesh. 3:The Additional Deputy Commissioner Age: 0 Occupation : Page No.# 2/4 Deomali PO Deomali Tirap District Arunachal Pradesh Advocate for the Petitioner : Debo K Deori, Rajen Deori Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 06.05.2025 Heard Mr. D K Deori, learned counsel for the petitioners and Ms. P Pangu, learned Government Advocate, Arunachal Pradesh for the respondents. 2. The Superintendent of Police, Tirap District, Khonsa vide No. TAPP/ESTT- 14/2023/DP/2251 dated 21.03.2025 issued eviction notice to the petitioners under Section 4 of the Arunachal Pradesh Premises (Eviction of Unauthorized Occupants) Act, 2003, directing them to vacate the police land under their occupation within 30 days of receipt of the said notice and to submit the eviction report before the said authority. 3. By the said eviction notice dated 21.03.2025, the Superintendent of Police, Tirap District, Khonsa also clarified that non-compliance or failing to comply with the said notice, legal action shall be initiated against them. 4. Aggrieved by the said eviction notice dated 21.03.2025, the petitioners have preferred this writ petition, stating that the Superintendent of Police, Tirap District, Khonsa is not the Estate Officer as provided under the said Arunachal Pradesh Premises (Eviction of Unauthorized Occupants) Act, 2003 and as such the said authority is not empowered to issue the Eviction Notice under the said 2003 Act. 5. Pursuant to the order dated 22.04.2025, Ms. P Pangu, learned Government Advocate, Arunachal Pradesh has placed the relevant instructions in the matter. 6. Earlier the petitioner preferred a writ petition, WP(C) No. 81/2025 against similar eviction Page No.# 3/4 notice issued under the said 2003 Act for the same land issued by the SP, Tirap District, Khonsa vide order dated 13.02.2015 under Memo No. TAPP/GEN-11/2005/2014/PT-I. 7. However, the Court by order dated 17.06.2015 disposed of said WP(C) No. 81/2025 preferred by the petitioners, finding that the said eviction notice dated 13.02.2015 issued by the Superintendent of Police, Tirap District, Khonsa was without any authority and that the said eviction notice was not issued as per the provisions of said 2003 Act since at that point of time the Superintendent of Police, Tirap District, Khonsa was not empowered to issue such eviction notice under the said 2003 Act, as he was not authorized as an Estate Officer under the said 2003 Act. 8. 8. From the records, it is also seen that in the said order dated 17.06.2015 while disposing of WP(C) No. 81/2025, the Court also granted liberty to the State respondents to evict any unauthorized occupants from the land of Deomail Police Station/Government premises including the petitioners therein if they are found in possession of any Government land/premises, by following the due process of law as envisaged under the provisions of the said Arunachal Pradesh Premises (Eviction of Unauthorized Occupants) Act, 2003. 9. From the records placed by Ms. P Pangu, learned Government Advocate, Arunachal Pradesh, it is seen that earlier by order No. LM-101/87(Vol-II) Pt. dated 14.12.2009 issued by the Commissioner (Land Management) Govt. of Arunachal Pradesh, Itanagar empowered the AIGP, Police Headquarter, Itanagar as an Estate Officer under the provisions of Section 3 of the said 2003 Act in respect of land and premises in occupation of the Police Department all over the State of Arunachal Pradesh with immediate effect and till further order. 10. Subsequent to that, the Chief Secretary, Government of Arunachal Pradesh vide Notification No. LR-101/87(Vol-II)/442 dated 30.06.2016 as provided under Section 3 of the said 2003 Act appointed all Superintendent of Police, Commandants of AAPBN and IRBN, Principal PTC as Estate Officer for protection of departmental premise/land/assets under occupation/possession of the Police Department, Government of Arunachal Pradesh in their respective jurisdictions and to any such unauthorized occupation for their eviction from the land of police department of the respective districts within their jurisdiction. 11. Considering the same, it is found that the impugned eviction Notice No. TAPP/ESTT- Page No.# 4/4 14/2023/DP/2251 dated 21.03.2025 that was issued by the Superintendent of Police, Tirap District, Khonsa to the petitioners is in compliance of the provisions of the Arunachal Pradesh Premises (Eviction of Unauthorized Occupants) Act, 2003. 12. Considering the above, this Court is of the opinion that the impugned eviction Notice No. TAPP/ESTT-14/2023/DP/2251 dated 21.03.2025 issued by the Superintendent of Police, Tirap District, Khonsa to the petitioners, noted above, does not call for any interference by this Court. 13. Accordingly, this writ petition, being devoid of merit, stands dismissed. 14. Needless to say, the petitioners may approach the appropriate forum for redressal of their grievances as provided by the statutory provisions under the Arunachal Pradesh Premises (Eviction of Unauthorized Occupants) Act, 2003. 15. Return the records of WP(C) No. 8 (AP)/2015 to the Record Room that was called for by order dated 05.05.2025. JUDGE Comparing Assistant