Page No.# 1/4 GAHC040011242025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/303/2025 Tago Yudik Son of Late Taper Yudik, resident of Dumporijo, PO and PS Dumporijo, Upper Subansiri District, Arunachal Pradesh. VERSUS The State of AP through the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Deputy Commissioner Age: 0 Occupation : Daporijo Upper Subansiri District Arunachal Pradesh 3:The Additional Deputy Commissioner cum Estate Officer Age: 0 Occupation : Dumporijo Upper Subansiri District Arunachal Pradesh Advocate for the Petitioner : Xavier Gyati, Lakhya Narah,L Yudik Advocate for the Respondent : GA (AP), Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 04.07 .2025. Heard Mr. X. Gyati, learned counsel for the petitioner. Also heard Ms. R. Basar, learned State Counsel for all the respondents. Essentially, the petitioner is aggrieved by the eviction notice dated 16.05.2025, issued by the ADC-cum-Estate Officer, Dumporijo in Upper Subansiri District, whereby the petitioner has been directed to remove/dismantle the illegal structure constructed by him and vacate the place within twenty days and also the order dated 27.06.2025, passed by the Deputy Commissioner, Upper Subansiri District, whereby the appeal of the petitioner against the eviction notice passed by the ADC-cum-Estate Officer, Dumporijo has been dismissed. The petitioner claims to be in occupation of a plot of land by constructing a house since ten (10) years back, with an impression that the said plot of land, which he has occupied is outside the Government notified area. He claims that he is staying with his family over the said plot of land for more than ten (10) years and paying all the charges of Government amenities, which indicates that the Government has allowed him to stay on the said plot of land. Mr. X. Gyati, learned counsel for the petitioner fairly submits that in the given facts and circumstances, the petitioner would not have any right over the plot of land as it has come to the knowledge that the land on which the petitioner is staying is within the Government notified area. However, he submits that in view of the permanent settlement over the plot of land along Page No.# 3/4 with his family and the petitioner having been under medical treatment and yet to be recovered from his illness, a reasonable period of time to vacate the land may be considered and allowed. Ms. R. Basar, learned State Counsel for all the respondents submits that admittedly, the petitioner is an illegal and unauthorized occupant over the Government land. Therefore, he would have no right to occupy the land. Having considered the submissions of learned counsel for the parties and also perusal of the materials placed before this Court, it is noticed that the respondent authorities have followed the due process of law, while issuing the notice for eviction and by disposing the appeal by the appellate authority, as per the provisions of law. It is an admitted position that the petitioner has constructed structures near the Government quarter at Dumporijo, which is undisputedly within the Government notified area. In view of the fair submissions and considering the limited prayer made by the learned counsel for the petitioner, this writ petition is disposed of with a direction to the respondent authorities, particularly, the ADC-cum-Estate Officer, Dumporijo to grant one month’s time to vacate the land, considering that the petitioner is staying there with his family and he is undergoing medical treatment. The petitioner shall approach the ADC-cum-Estate Officer, Dumporijo, seeking time to vacate the land, on which the ADC-cum-Estate Officer, Dumporijo shall consider and allow the same, for a month. Accordingly, for a month from today, the order of eviction passed by the ADC-cum-Estate Officer, Dumporijo, dated 16.05.2025 shall not be given effect to. Page No.# 4/4 Writ petition stands disposed of. JUDGE Comparing Assistant