WP(C)/342/2026 of Mipang Nangkar Vs The State of AP and 3 Ors on 28 July 2026

ORDER

Date : 29.07.2026

Heard Mr. L. Perme, learned counsel for the petitioner. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondents.

2. Having considered the limited prayer made in this writ petition, and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the motion stage itself without issuing notice to the parties in view of the order proposed to be passed (infra).

3. The case in short is that the petitioner, while working as Supervisor Kanungo (SK), has been promoted to the post of District Land Revenue & Settlement Officer (DLR&SO). By an order dated 11.06.2026, the Commissioner (Land Management), Government of Arunachal Pradesh, transferred and posted as many as 9 (nine) DLR&SOs and ASSOs, including the petitioner, whereby the petitioner has been posted as DLR&SO, Lower Dibang Valley District, Roing. Pursuant to the aforesaid order, the petitioner submitted his joining report on 15.06.2026 before the Deputy Commissioner, Lower Dibang Valley District, Roing.

4. It is the case of the petitioner that, even after the lapse of one month and despite repeated approaches, respondent No. 3, i.e., the Deputy Commissioner, has neither accepted his joining report nor allowed him to assume and discharge his duties as a DLR&SO, Roing. Resultantly, the petitioner is unable to discharge his duties. Therefore, the petitioner prays that the Deputy Commissioner, (respondent No. 3) may be directed to accept the joining report of the petitioner and allow him to discharge his duties as DLR&SO, Roing.

5. This Court, upon consideration of the simple nature of the grievance raised by the petitioner in the present petition, directed the learned Additional Advocate General to obtain instructions on 27.07.2026.

6. Mr. N. Ratan, learned Additional Advocate General, has placed on record a written instruction dated 28.07.2026 received from the Deputy Commissioner, Lower Dibang Valley District, Roing, which reflects that the petitioner could not be accommodated as respondent No. 4, namely Shri Hibu Dolley, the incumbent DLR&SO, has been retained in view of the pending land acquisition matters, as his services are presently required to ensure the expeditious disposal of the land acquisition proceedings. It is further stated that, upon resolution of the pending land acquisition proceedings, there shall be no issue regarding his release.

7. Upon consideration of the submissions of the learned counsel for the parties and on perusal of the materials available on record, as well as the instruction received from the Deputy Commissioner, Lower Dibang Valley District, Roing, it is seen that non-acceptance of the joining report of the petitioner appears to be solely on the ground of the pending land acquisition proceedings in the district, wherein the services of the respondent No. 4 is stated to be required to ensure the expeditious disposal of the land acquisition matters.

8. Admittedly, the petitioner has been retained in the Lower Dibang Valley District upon his promotion to the post of DLR&SO, whereas the respondent No. 4 appears to have been serving as DLR&SO since 29.11.2022 and has completed his normal tenure of posting. By the impugned order, the respondent No. 4 has been transferred from Lower Dibang Valley District, Roing to Lower Subansiri District, Ziro, to which the respondent No. 4 does not appear to have any objection. Since the petitioner has been promoted to the post of DLR&SO, in the considered view of this Court, his services can equally be utilized insofar as the pending land acquisition proceedings are concerned. Thus, merely on the ground that the services of respondent No. 4 are required, the petitioner cannot be deprived of assuming and discharging his duties as a DLR&SO, else it may amount to treating the petitioner as incompetent, which would be stigmatic.

9. The materials brought on record does not indicate any other administrative or public interest requiring respondent No. 4 to continue at Lower Dibang Valley District, Roing, by not allowing the petitioner to join at his place of posting despite the valid transfer and posting order dated 11.06.2026 issued by the competent authority. It is not the case that the present transfer and posting order dated 11.06.2026 has been modified. Thus, there is no justifiable ground for not allowing the petitioner to join as DLR&SO at Lower Dibang Valley District, Roing, pursuant to the valid transfer and posting order. The justification sought to be made for retaining the respondent No. 4 by not allowing the petitioner to join at his place of posting and discharge his duties as DLR&SO, therefore, cannot be accepted.

10. In view of the above, I deem it appropriate to dispose of this writ petition with a direction to respondent No. 3, i.e., the Deputy Commissioner, Lower Dibang Valley District, Roing, to accept the joining report of the petitioner and release the respondent No. 4 within a period of 10 (ten) days from the date of receipt of a certified copy of this order, thereby enabling the petitioner to assume charge and discharge his duties as DLR&SO in terms of the transfer and posting order dated 11.06.2026. It is ordered accordingly.

11. The writ petition stands disposed of, in terms above. JUDGE Comparing Assistant