Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/6 GAHC040018862024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/267/2024 Tadang Tamut and 12 Ors Son of Shri Talom Tamut, Village Jomlo Mongku, PO Pessing, PS Rumgong, Siang District, Arunachal Pradesh. 2: Tarung Nyising Age: Occupation : Son of Shri Taka Nyising Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. 3: Tabom Talom Age: Occupation : Son of Shri Takir Talom Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. 4: Tabir Mize Age: Occupation : Son of Shri Taker Mize Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. Page No.# 2/6 5: Takar Darung Age: Occupation : Son of Tama Darung Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. 6: Laki Mibang Age: Occupation : Son of Shri Tamer Mibang Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. 7: Tare Talom Age: Occupation : Son of Shri Tarung Talom Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. 8: Tabang Yosung Age: Occupation : Son of Shri Tanyong Yosung Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. 9: Samuel Ketan Age: Occupation : Son of Shri Tator Ketan Village Jomlo Mongku PO Pessing PS Rumgong
Page No.# 3/6 Siang District Arunachal Pradesh. 10: Tapun Gao Age: Occupation : Son of Shri Tangir Gao Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. 11: Tapang Tali Age: Occupation : Son of Shri Taja Tali Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. 12: Tagam Ketan Age: Occupation : Son of Shri Tabuk Ketan Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh. 13: Tanyi Tali Age: Occupation : Son of Shri Takut Tali Village Jomlo Mongku PO Pessing PS Rumgong Siang District Arunachal Pradesh VERSUS Kaling Saro and 7 Ors Son of Late Tanon Saro, permanent resident of Village Jomlo Mongku, PO and PS Rumgong, Siang District, Arunachal Pradesh. Page No.# 4/6 2:The State of Arunachal Pradesh Age: 0 Occupation : represented through the Chief Secretary Govt of Arunachal Pradesh Itanagar. 3:The Secretary Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 4:The Secretary Age: 0 Occupation : Health and Family Welfare Govt of Arunachal Pradesh Itanagar.
5:The Director Health and Family Welfare Age: 0 Occupation : Govt of Arunachal Pradesh Naharlagun. 6:The Deputy Commissioner Age: 0 Occupation : Siang District Pangin Arunachal Pradesh. 7:The District Medical Officer Age: 0 Occupation : Siang District Pangin Govt of Arunachal Pradesh. 8:The Circle Officer Age: 0 Occupation : Jomlo Monbuk Siang District Arunachal Pradesh
Page No.# 5/6 Advocate for the Petitioner : Doba Tamut, Advocate for the Respondent : GA (AP), SC(Health),Taba Tagum,SC (Land Management),Dugmar Kamduk
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 23-01-2025 (K.R. Surana. J.)
Heard Mr. L. Perme, learned counsel for the applicants.
2. Also heard Ms. P. Pangu, learned Government Advocate appearing on behalf of Mr. R. H. Nabam, learned Additional Advocate General representing respondents no. 2, 6 & 7; Mr. J. Koyu, learned counsel appearing on behalf of Mr. D. Kamduk, learned standing counsel for the Land Management Department representing respondent no. 3 and Mr. T. Tagum, learned standing counsel for the Health & Family Welfare representing respondents no. 4, 5 & 7.
3. Pursuant to the order dated 22.01.2025, Ms. N. Danggen, learned counsel who had earlier appeared for the respondent no. 1 in connection with WP(C) No. 53 (AP)/2018 has submitted that she could not contact the respondent no. 1 and has no instructions. Accordingly, her appearance is dispensed with.
4. By this interlocutory application, the applicants have prayed for leave to appeal against the judgment and order dated 05.09.2024, passed by the learned Single Judge in WP(C) No. 53 (AP)/2018.
5. It is projected that all the 13 applicants represent the interest of the villagers of Jomlo Mongku village under Rumgong Police Station in the District of Siang. It is projected that they are villagers, had a community land, which was
Page No.# 6/6 donated for establishment of Circle Headquarter at Jomlo Mobuk. Accordingly, it is projected that they have a interest on the land concerning which judgment and order dated 05.09.2024 was passed in WP(C) No. 53 (AP)/2018.
6. On a consideration of the projections made in this interlocutory application by which the applicants claim/interest in respect of the land concerning which
judgment and order dated 05.09.2024 was passed in WP(C) No. 53 (AP)/2018, the Court is inclined to dispense with the issuance of notice on the respondents, as the respondents will have right to object to the admission of the connected appeal when I.A.(C) No. 268 (AP)/2024, which is an application for condonation of delay, is taken up, and also when the applicants’ appeal might be listed for adjudication. Therefore, none of the respondents will be prejudiced if this application by third parties to the proceedings of WP(C) No. 53 (AP)/2018 are allowed to file appeal. Therefore, this order shall not prejudice the respondent no. 1 when the connected appeal and interlocutory application are taken up.
7. Accordingly, this interlocutory application stands allowed, granting leave to the applicants to file the connected appeal.
8. As the appeal is already registered, there is no requirement of re- registration of the connected appeal.
9. Leave is granted to the respondent no. 1 to apply for modification/recalling of this order, if so advised.
JUDGE Comparing Assistant