Gauhati High Court
WP(C)/440/2026 of Tagan Minki Vs The State of AP and 3 Ors on 15 September 2026
GAHC040015272026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/440/2026 Tagan Minki Son of Late Tasing Mingki, resident of Rengo Village, PO and PS Boleng, Siang District, Arunachal Pradesh. VERSUS The State of AP and 3
GAHC040015272026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : WP(C)/440/2026
Tagan Minki
Son of Late Tasing Mingki, resident of Rengo Village, PO and PS Boleng, Siang District, Arunachal Pradesh.
VERSUS
The State of AP and 3 Ors
represented by the Secretary, Land Management Department, Govt of Arunachal Pradesh, Itanagar.
2:The Director
Age: 0
Occupation :
Land Management Department
Govt of Arunachal Pradesh
Itanagar.
3:The Deputy Commissioner
Age: 0
Occupation :
Siang District
Boleng
Arunachal Pradesh.
4:The Estate Officer
Age: 0
Occupation :
Siang District
Boleng
Arunachal Pradesh
Advocate for the Petitioner : Idak Bam, Ligam Nochi,Keten Tabang,Mindo Taso Advocate for the Respondent : GA (AP), BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
Date : 16-09-2026 Heard Mr. I. Bam, learned counsel for the petitioner. Also heard Ms. G. Ete, learned Additional Senior Government Advocate appearing for the State respondents.
2. Essentially, this writ petition has been instituted challenging the eviction order dated 13.08.2026 and the subsequent order dated 31.08.2026 issued by the Estate Officer, Boleng, Siang District, whereby the petitioner has been directed to vacate the premises occupied by him, stated to be Government land allotted to the Government Higher Secondary School, Boleng. The petitioner had contended that, against the aforesaid order, he had preferred a statutory appeal under Section 12 of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 2003, which was stated to be pending before the appellate authority.
3. Considering the aforesaid submission, this Court, by order dated 11.09.2026, directed the learned Additional Senior Government Advocate to obtain instructions and produce the relevant records.
4. Today, Ms. G. Ete, learned Additional Senior Government Advocate, by placing the relevant records, submits that the provisional land allotment order issued in favour of the petitioner has subsequently been cancelled on the ground that the authority which had issued the same lacked the requisite jurisdiction and competence. She further submits that the statutory appeal preferred by the petitioner under Section 12 of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 2003 has since been disposed of by the Deputy Commissioner, Siang District, Boleng, vide order dated 11.09.2026, whereby the eviction order dated 13.08.2026 passed by the Estate Officer has been upheld. The petitioner has accordingly been directed to vacate the premises voluntarily and remove his personal belongings by 14.09.2026.
5. Confronted with the aforesaid position, Mr. I. Bam, learned counsel for the petitioner, fairly submits that he may be permitted to withdraw the present writ petition with liberty to institute a fresh proceeding challenging the orders passed by the respondent authorities.
6. In view of the submission made by the learned counsel for the petitioner, the writ petition stands closed as withdrawn, with liberty to the petitioner to institute a fresh proceeding challenging the orders passed by the respondents, in accordance with law.
7. Ms. G. Ete, learned Additional Senior Government Advocate, shall furnish copies of the documents received from the respondent authorities to the learned counsel for the petitioner.
8. The documents placed on record by the learned Additional Senior
Government Advocate are taken on record and marked as Document “X”.
JUDGE Comparing Assistant