GAHC040001822023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

Case No. : CRP 6/2023

1:THE UNION OF INDIA and 3 Ors. Represented by the Defence Secretary, 101A South Block, New Delhi 110011

2: The Director General of Defence Estate (DGDE) Raksha Sampada Bhawan UlaanBaatar Marg Delhi Cantonment. PIN 110010

3: The Principal Director of Defence Estates (PDDE) AC 4 4/1 Belveder Road Alipore Kolkata West Bengal. PIN 700027

4: The Defence Estate Officer (DEO) Itanagar Circle Dist. Papum Pare Arunachal Pradesh PIN 79111

VERSUS

1:Thinley Sona and 4 Ors, S/o Lt. Lhakpa Sona, R/o Vill. Singbir, PO and PS Mechuka, Dist. Shi Yomi, Arunachal Pradesh. PIN 791003

2:Pema Namgey Chukla S/o Phinjo Chukla

R/o Vill. Shorangdam

PO and PS Mechuka Dist. Shi Yomi Arunachal Pradesh. PIN 791003

3:Tenjen Chukla S/o Singtung Chukla

R/o Vill. Yorni PO and PS Mechuka Dist. Shi Yomi Arunachal Pradesh. PIN 791003

4:Korma Mindu Goiba S/o Late Lera Goiba

R/o Vill Farge PO and PS Mechuka Dist. Shi Yomi Arunachal Pradesh. PIN 791003

5:The Collector cum Deputy Commissioner Shi Yomi District Tato Arunachal Pradesh PIN 79100

Advocate for the Petitioner : 1 Y Doloi

Advocate for the Respondent : GA (AP)

BEFORE HONBLE MRS. JUSTICE MALASRI NANDI

ORDER

Date : 14-02-2023

Heard Mr. Y. Doloi, learned counsel for the petitioner and Mr. B. Pathak, learned counsel for private respondent Nos. 1 to 6.

Also heard Mr. Y. Riram, learned Junior Govt. Advocate representing respondent No. 7/ the Deputy Commissioner, Shi Yomi District, Tato, Arunachal Pradesh.

This is an application under Section 115 of the Code of Civil Procedure, 1908 read with Section Article 227 of the Constitution of India for quashing and setting aside the impugned order, dated 09.02.2023, whereby, Non-Bailable Warrant of Arrest has been issued against the present petitioners in connection with Money Execution Petition Nos. 02/2022, 03/2022 & 04/2022 in Reference Case No. 01/2021, 02/2021 & 03/2021.

It is submitted by the learned counsel for the petitioners that all the petitioners are the Senior Officers of the Union of India and NBWA has been issued without hearing to the petitioners, which may be stayed.

On the other hand, the learned counsel for the respondents has submitted that as the proceeding is pending before this Court, appropriate order may be passed after hearing to the other side, which is fixed on 21.02.2023 but he has no objection in the event of staying the NBWA issued against the present petitioners on 09.02.2023.

In view of the submission of the learned counsel for the parties and in interim, the NBWA issued on 09.02.2023 against the present petitioners by the learned District and Sessions Judge, Aalo, West Siang District, Arunachal Pradesh shall remain stayed/suspended till the next date of listing i.e. on 21.02.2023.

Accordingly, let the matter be listed along with other connected appeals on 21.02.2023.

Comparing Assistant