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2025 DAILYLAW 4555 (GAU)

Obi Dai and 8 Ors v. Yimi Angu and 3 Ors

IA(C)/119/2025 · 2025-05-12

Budi Habung, Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/4 GAHC040007092025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/119/2025 in WA/11/2021 Obi Dai and 8 Ors SW Civil Office of Chief Engineer, Department of Hydro Power Development, Itanagar, District Papum Pare, Arunachal Pradesh 2: Ojing Nobeng Age: Occupation : EE Department of Hydro Power Development Itanagar P.O and P.S Anini Dibang Valley District Arunachal Pradesh 3: Lod Nakku Age: Occupation : EE Department of Hydro Power Development Palin P.O and P.S Palin District Kurung Kumey Arunachal Pradesh 4: Kento Nyodu Age: Occupation : EE Department of Hydro Power Development Daporijo P.O and P.S Daporijo District Upper Subansiri Arunachal Pradesh 5: Anthony Boko Age: Occupation : Page No.# 2/4 SW Department of Hydro Power Development (P and D) Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh 6: Oling Padung Age: Occupation : SW Department of Hydro Power Development Pasighat Division PO and PS Pasighat District East Siang Arunachal Pradesh. 7: Tanung Jamoh Age: Occupation : EE Office of the Chief Engineer Department of Hydro Power Development Itanagar PO and PS Pasighat Arunachal Pradesh. 8: Hage Chatung Age: Occupation : EE Department of Hydro Power Development Mechuka PO and PS Mechuka Shi Yomi District Arunachal Pradesh. 9: Hage Gambo Age: Occupation : SW (Monitoring Department of Hydro Power Development Itanagar PO and PS Itanagar Papum Pare District Arunachal Prades VERSUS Yimi Angu and 3 Ors Executive Engineer, Deptt. of Hydro Power Development Bomdila, P.O and P.S Bomdila, District West Kameng, Arunachal Pradesh 2:The State of AP Page No.# 3/4 Age: 0 Occupation : represented through the Chief Secretary Govt. of Arunachal Pradesh Itanagar. 3:The Secretary Age: 0 Occupation : Department of Hydro Power Govt. of Arunachal Pradesh 4:Thje Chief Secretary Age: 0 Occupation : The Chairman of the DPC Govt. of Arunachal Pradesh Itanagar Advocate for the Petitioner : Karyom Dabi, Advocate for the Respondent : Rintu Saikia, GA (AP) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 13.05.2025 SK Medhi, J. Heard Shri M Pertin, learned Senior Counsel assisted by Shri Karyom Dabi, learned counsel for the petitioner, who by means of this application has prayed for alteration/modification of the orders dated 29.11.2021 and 17.05.2023 passed in WA/11/2021. It is submitted that vide the aforesaid orders, the judgment dated 26.10.2021 passed in WP(C)/66(AP)/2013 has been stayed. The learned Senior Counsel for the applicants has submitted that serious prejudice is being caused to his clients because of the stay order. Page No.# 4/4 Also heard Shri L Bam, learned counsel for the writ appellants who has opposed this application and has also raised the issue of delay in approaching the Court for modification of the orders in question. After hearing the parties, we are of the view that since the writ appeal is of the year 2021 and the interim orders of which modification is sought are of the years 2021 and 2023, instead of considering the IA, the writ appeal is required to be heard. At this stage, Shri Pertin, learned Senior Counsel has submitted that on numerous occasions, the writ appeal was adjourned at the instance of the appellants. Considering the above, we dispose of this IA by directing the connected writ appeal be listed for hearing on 27.05.2025. Further, as pointed out, the matter may be listed in a Bench without one of us (Budi Habung, J). JUDGE JUDGE Comparing Assistant