Page No.# 1/3 GAHC040012932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/433/2024 Tasing Mosu Son of Late Tamin Mosu, resident of DST Colony, Daporijo, PO and PS Daporijo, Upper Subansiri District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Deputy Commissioner Age: 0 Occupation : Upper Subansiri District PO and PS Daporijo Arunachal Pradesh. 3:The Additional Deputy Commissioner cum Estate Officer Age: 0 Occupation : Upper Subansiri District PO and PS Daporijo Arunachal Pradesh Advocate for the Petitioner : Duge Soki, Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 12/02/2025 Page No.# 2/3 Heard Mr. D. Soki, learned counsel for the writ petitioner. Also heard Ms. G. Ete, learned Additional Senior Government Advocate, Arunachal Pradesh, appearing for the official respondents. It appears that the writ petitioner herein was earlier allotted a Government quarter in Daporijo under Upper Subansiri District. Ther quarter was reportedly in a dilapidated condition. According to the writ petitioner the building/Government quarter was in a bad condition and unsafe for human habitation. As such, the petitioner started construction of the building/renovation of the quarter at his own cost but without obtaining any prior approval from the concerned authorities. According to the departmental authorities, the petitioner has dismantled the quarter and unauthorizedly raised new construction therein. Situated thus, a notice dated 21/08/2024 was served upon the petitioner under the provisions of the Arunachal Pradesh Public Premises (Prevention of Unauthorized Occupants) Act, 2003 by the Estate Officer cum Additional Deputy Commissioner, Upper Subansiri District, Daporijo, by giving 15 days’ time to the petitioner to remove the construction. Aggrieved by the notice dated 21/08/2024, the petitioner had preferred a statutory appeal before the Deputy Commissioner, Upper Subansiri District. The grievance of the petitioner was that despite the appeal having been preferred by him, the Deputy Commissioner, Upper Subansiri District has refused to take up the appeal and on the contrary, the matter had been referred back to the Estate Officer. Under such circumstances, the petitioner had approached this Court by filing WP(C) 433/2024 wherein, this Court had passed interim order dated 25/09/2024, directing status quo to be maintained as regards possession of the petitioner over the quarter in question, till appropriate order is passed by the Deputy Commissioner in the appeal preferred by the petitioner. It appears that on 01/10/2024, a notice was served upon the petitioner directing him to appear personally before the Deputy Commissioner-cum-Appellate Authority and on that day, order dated 07/10/2024 was passed rejecting the appeal preferred by the petitioner by holding that the appellant had illegally dismantled the existing Government quarter, which was allotted to him as a government servant. The petitioner has assailed the order dated 07/10/2024 by filing WP(C) 483 (AP)/2024, which is pending disposal before this Court, wherein an interim order directing the parties to maintain status quo is operating. Since the limited purpose of filing of WP(C) 433(AP)/2024 was to protect the interest of the petitioner until such time the appeal was disposed of by the Deputy Commissioner and considering the Page No.# 3/3 fact that by order dated 07/10/2024, the appeal has already been disposed of by rejecting the prayer of the petitioner, this Court is of the opinion that nothing further survives for adjudication in this writ petition. As such, this writ petition stands disposed of. Interim order passed on 25/09/2024 stands vacated. The issues raised by the petitioner in WP(C) 483/2024 are, however, kept open and shall be considered on merit at the time of hearing of that case. JUDGE Comparing Assistant