GOMBU Vs. STATE OF ARUNACHAL PRADESH
HIGH COURT OF GAUHATI
STATE OF ARUNACHAL PRADESH
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AJIT BORTHAKUR,J. -
(1.) this petition under Article 226 of the Constitution of India, the petitioners have prayed for a direction to the respondent authorities to register a case against the miscreants, involved in illegal sale of their community land, on the strength of their complaint, dated 27.03.2018, and to investigate into the allegations made therein.
(2.) The petitioners' case, in a nut-shell, is that they lodged a complaint, on 27.03.2018, with the respondent No. 1/ the Chief Secretary-cum- the Chief Vigilance Officer, Government of Arunachal Pradesh; the respondent No. 3/ the Superintendent of Police (Vigilance), Special Investigation Cell, Government of Arunachal Pradesh and the respondent No. 4/ the Officer-in-Charge, Special Investigation Cell, Government of Arunachal Pradesh alleging, inter-alia, in connection with sale of their community land, measuring 73 acres by private persons, named therein, in connivance with the District administration, without their consent, to the Indo Tibetan Border Police (ITBP) in a very clandestine manner. The petitioners alleged that in the aforesaid transaction, the miscreants resorted to various criminal acts such as preparation of false bills, misappropriation of public fund etc and without following the prescribed procedure in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, the said complaint has not been registered as a criminal case for the purpose of investigation.
(3.) Mr. T. T. Tara, learned counsel appearing on behalf of the petitioners, submits that the complaint filed by the petitioners disclosed commission of cognizable offences and in view of the mandate of the Supreme Court of India in Lalita Kumari Vs. Government of Uttar Pradesh, reported in (2014) 2 SCC 1, the respondent authorities, although it is obligatory on their part to register a case, have not done so till date.;
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