Gauhati High Court Quashes LPC Cancellation by Arunachal Pradesh Authority

Court Rules Administrative Bodies Cannot Enforce Judicial Orders Without Jurisdiction

In a significant ruling, the Gauhati High Court, Itanagar Bench, quashed the cancellation of a Land Possession Certificate (LPC) issued to Smti. Likha Nap, underscoring the limits of administrative authority in interpreting judicial orders. Justice Manish Choudhury delivered the judgment on November 26, 2025, in a writ petition challenging the cancellation of the LPC by the Secretary, Land Management, Government of Arunachal Pradesh.

The controversy arose when the LPC, originally issued on May 29, 2017, was cancelled by the administrative authority on March 11, 2024, following a complaint by Smti. Likha Nap's former spouse, who alleged the LPC was obtained in violation of an interim protection order by a trial court. This order, issued under the Protection of Women from Domestic Violence Act, 2005, restrained the alienation of shared household property without court permission.

The High Court held that the administrative bodies overstepped their jurisdiction by interpreting and acting upon a judicial order. Justice Choudhury emphasized that only the trial court, which issued the interim protection order, has the jurisdiction to enforce it and adjudicate any alleged breaches. The judgment clarified that the respondent, Smti. Likha Nap's former spouse, should have sought recourse through the trial court for enforcement of the protection order instead of approaching administrative authorities.

The court further noted that the order cancelling the LPC was void, as it was based on unauthorized jurisdiction. It stressed that judicial orders must be respected and enforced through the appropriate legal channels, not through administrative interpretations.

This ruling reaffirms the principle that administrative bodies must act within their legal boundaries and not encroach upon judicial functions. The decision provides clarity on the enforcement of court orders and the jurisdictional limits of administrative authorities in land possession matters.

Bottom Line:

Domestic Violence Act, 2005 - Breach of protection orders - Authority of administrative bodies to interpret and act upon judicial orders without jurisdiction - Cancellation of Land Possession Certificate (LPC) without proper jurisdiction held invalid - Remedy lies before the Trial Court for enforcement of protection orders.

Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Sections 18, 19, 23, 27, 31

Smti. Likha Nap v. State of Arunachal Pradesh, (Gauhati)(Itanagar Bench) : Law Finder Doc Id # 2816441