Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC040005822026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/184/2026 Dare Pusang S/o. Lt. Timpu Pusang R/o Rapum, P.O and P.S Mechuka, District Shi-Yomi, Arunachal Pradesh
VERSUS The State of AP and 2 Others Through the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar 2:The Deputy Commissioner Age: 0 Occupation : Shi-Yomi District Tato Arunachal Pradesh 3:The President Gaon Burah (GB) Association Age: 0 Occupation : Shi-Yomi District Tato
Arunachal Pradesh Advocate for the Petitioner : Tony Pertin, T Mize,Eddie Payeng,H K Jamoh Advocate for the Respondent : GA (AP), GA (AP)
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER Date : 28.04.2026 Heard Mr. T. Pertin, learned counsel for the petitioner. Also heard Ms. R. Basar, learned Government Advocate for the State respondents Nos. 1 and 2.
2. In view of the limited nature of the relief sought for in this writ petition under Article 226 of the Constitution of India, issuance of notice to the respondent No. 3 is dispensed with at this stage, as the respondent No.3 is the authority before whom the petitioner has submitted an application seeking
consideration.
3. The case of the petitioner is that he has a parcel of land, which, according to him, falls under the specified chainages of the Tato-Mechuka Road for which compensation is liable to be paid to him. On an earlier occasion, the petitioner approached this Court by way of a writ petition, WP(C) no. 351/2020. By an
Order dated 06.04.2021, the writ petition was disposed of with an observation that if the petitioner and the private respondents impleaded therein had any land dispute, then they would be at liberty to approach the appropriate forum for adjudication of the land dispute.
4. It is the case of the petitioner that after the Order dated 06.04.2021, the petitioner has repeatedly approached the respondent No.3 seeking consideration of his case before the Customary Court. In this connection, the petitioner has also submitted an application in writing on 09.04.2024 before the respondent No.3 with a request to hold a Kebang (Village Customary Court) for resolution of
Page No.# 3/4 the dispute he has with regard to land compensation in respect of his parcel of land falling under Chainage Nos. 8860-9700, 20580-20650 and 20880-21110 of the Tato-Mechuka Road. Stating that the application, stated to have been submitted by the petitioner on 09.04.2024 before the respondent No.3, has not been given any consideration, the petitioner has approached this Court by the instant writ petition seeking a direction to the respondent No.3 to consider the said application and to hold Kebang expeditiously.
5. Ms. Basar, learned Government Advocate appearing for respondents Nos.1 and 2 has submitted that since the petitioner has stated that he has filed an application before the respondent No.3 on 09.04.2024 and the same has not yet been given consideration, the writ petition at this stage can be disposed of with a direction to the respondent No. 3 to consider the said application and, if required, to place the matter, as urged by the petitioner and if permitted by law, before the Kebang.
6. Mr. Pertin, learned counsel for the petitioner has agreed to the
submissions advanced by the learned State Counsel.
7. In view of the consensus arrived at by the learned counsel for the parties in the afore-stated manner, and considering that the application dated 09.04.2024 submitted by the petitioner before the respondent No.3 has not yet been given consideration, this Court is of the considered view that the writ petition, instead of keeping pending, can be disposed of with a direction to the respondent No.3 to take up the application dated 09.04.2024 submitted by the petitioner and after due consideration, to take an appropriate decision on merits with regard to the prayer made by the petitioner in the said application as expeditiously as possible, but within an outer limit of 1 (one) month from the date of submission of a certified copy of this order by the petitioner before him.
Page No.# 4/4 It is accordingly ordered.
8. This order disposes of the writ petition.
JUDGE Comparing Assistant