WP(C)/480/2014 of MR. LOD DOILYANG Vs THE STATE OF A.P. on 22 December 2014

WP(C) 480/2014BEFORETHE HON' BLE MR. JUSTICE M.R. PATHAHeard Mr. Khnoda Tari, tearned counsel for the petitioner.

Atso heard Ms. Goter Ete, learned Government Advocate, for State Respondents No. 1, 3 and 4; as well as Mr. Kento Jini, learned standing counsel, for Respondent No. 2.

Tne petitioner, nereinbefore, 1S aggrieved by the impugned order dated 24.11.2014 issued under Memo No. LMA/APPPA/NEW-1/13/ZP/1831, by the Estate Officer, Lower Subansiri1 District, Z1iro, under Section /7(1) of the Arunacnal Pradesublic Premises (Eviction of Unauthorized Occupants) Act, 2003, directing all the33 encroacners including the petitioner, Tor eviction and demolition of the structures over the government land, in question, witnin one montn from the date of1ssuance of the order. Tne said order has been served upon all the encroachers|including the present petitioner tnrougn the Officer-in-Cnarge of Ziro Police Station.

In this writ petition, the petitioner nas challenged the said impugned order dated 24.11.2014, passed by the Estate Officer, Ziro.

Section 12 of the said Act of 2003 provides for an appeal before the appellate autnority i.e. the Deputy Commissioner of the District concerned, againstany order passed under Section 7 of tne Arunachal Pradesn Public Premises(Evict10n of Unauthorized Occupants) Act, 2003, within the time prescribed.

In view of tne above circumstances, this writ petition 1s nereby disposeaq of witn the direction to the petitioner to approach the Deputy Commissioner, ower Subansiri District, Ziro, for filing of an appeat under Section 12 of the sald Act, against the impugned order dated 24.11.2014.

In the event of Tiling of any sucn appeal by the petitioner as per the provisions of Section 12 of the Arunachal Pradesh Public Premises [Eviction of Unautnorizeda Occupants] Act, 2003, the Deputy Commissioner, Lower Subansiri Distrct, Ziro, shalt consider the same, following the provisions of the Arunachal Pradgesn Public Premises (Eviction of Unauthorized Occupants) Act, 2003, and shall i1spose of the sald appeal, in accordance with law, after affording an opportuniy of hearing to the petitioner.