Tai Mibang v. Tayem Mibang & Ors.

BEFORE HONBLE MR. JUSTICE DEVASHIS BARUAH Date : 18-05-2022 ORDER Heard Mr. M. Kamduk, learned counsel appearing on behalf of the petitioner and also Ms. T. Wangmo, learned counsel appearing on behalf of Page No.# 2/5 Respondent No. 2.

Office Note dated 22.04.2022, shows that the A/D card has been received on behalf of the Respondent No. 1. Taking into account the same, the service upon the respondent No. 1 is deemed to be complete. However, none appeared on behalf of the respondent No. 1 on call.

The instant application have been filed under Article 227 of the Constitution of India, challenging the order, dated 27.05.2021, passed by the Deputy Commissioner, East Siang District Pasighat in IA Case No. 05/2021 arising out of Appeal No. 09/2021 and the consequential order dated

11.06.2021, passed by the Circle Officer-cum-Executive Magistrate, Sille-Oyan, East Siang.

The facts in brief for the purpose of initiation of the instant proceeding is that certain dispute arose between the petitioner and the respondent No. 1 which was referred to the village authorities and the Kebang by its decision dated 30.03.2021, held that the plot of land which was disputed among brothers should be given to the petitioner who would take care of his parents till their last breath. It was also directed by the Kebang that the respondent No. 1 and one Shri Tasup Mibang should not cultivate in the paddy field anymore and if they cultivates then both the person should inform the petitioner. It was also decided that the respondent No. 1 and one Shri Tasup Mibang should not interfere the same plot of land. Against the said order an appeal was filed before the Deputy Commissioner, East Siang District, Pasighat which was registered and numbered as Appeal No. 09/2021. In the said Appeal, an interlocutory application was filed, seeking injunction which was registered and numbered as IA Case No. 05/2021. Page No.# 3/5

The Deputy Commissioner, East Siang District, Pasighat vide order, dated

27.05.2021 in IA Case No. 05/2021, directed the parties to maintain status-quo till the disposal of the suit.

In pursuance to the said order dated 27.05.2021, the Circle Officer-cum- Executive Magistrate Sillie-Oyan, East Siang District Pasighat also issued an order dated 11.06.2021, directing all the parties to maintain status-quo and refrain from carrying out of the construction, cultivation/plough activities in the disputed land or disposing the same by way of sale or any other mode of transfer till disposal of the main suit or until further orders. It is agreed the order dated 27.05.2021 and the order dated 11.06.2021, that the instant application has been filed.

The learned counsel for the petitioner submits that pursuant to THE ARUNACHAL PRADESH CIVIL COURTS ACT, 2021 coming into force w.e.f.

12.04.2021, the Deputy Commissioner or the Additional Deputy Commissioner does not have any jurisdiction to take any appeal from an order from the village authorities in as much as in terms of Section 15, it is the Court of the District Judge or the Court of the Additional District judge who has the jurisdiction. He further submits that though the Deputy Commissioner has passed the order dated 27.05.2021, the Circle Officer-cum-Executive Magistrate have no business to pass the order dated 11.06.2021, in as much as the Circle Officer-cum- Executive Magistrate have no jurisdiction to pass such orders.

I have also heard Ms. T. Wangmo, learned counsel appearing on behalf of the respondent who submits that w.e.f. 12.04.2021, THE ARUNACHAL PRADESH CIVIL COURTS ACT, 2021 has come into force and in terms of the provisions of the said Act, various provisions of the ASSAM FRONTIER Page No.# 4/5 (ADMISTRATION OF JUSTICE) REGULATION, 1945, were amended, deleted and/or substituted. She specifically submits that a perusal of Section 27(xii) of the Arunachal Pradesh Civil Courts Act, 2021 shows that the various Sections including Section.46 which was the enabling process to file an appeal before the Assistant Commissioner or Deputy Commissioner as the case may be depending upon the pecuniary value, was omitted.

I have heard the learned counsels for the parties and given by anxious consideration to the matter. A perusal of the Section 27 of the Arunachal Pradesh Civil Courts Act, 2021 shows the various amendments were effected upon the ASSAM FRONTIER (ADMISTRATION OF JUSTICE) REGULATION, 1945. A perusal of the various Sections of the Act of 2021 would show that though the jurisdiction of the village authorities have been retained however, the Appellate jurisdiction of the Deputy Commissioner as well as the Assistant Commissioner has been taken away by deleting the provisions of Regulation 46/47/49/52 of the ASSAM FRONTIER (ADMISTRATION OF JUSTICE) REGULATION, 1945.

It is also relevant to take note that by virtue of Section 1(3) of the Act of 2021, it has been stipulated that the said Act of 2021 shall come into force from dated of publication in the Official gazette and on 12.04.2021, the said Act was published in the Official gazette. Accordingly, w.e.f. 12.04.2021, the Deputy Commissioner did not have the jurisdiction to entertain an appeal against an order of the village authorities. Consequently, the appeal so filed being Appeal No. 09/2021 is not maintainable. As the said appeal is not maintainable, the interlocutory application is also not maintainable. The fall out is that the order dated 27.04.2021, passed in the interlocutory application is without jurisdiction Page No.# 5/5 and liable to be interfered with. Further to that, the order, dated 11.06.2021, was passed by the Circle Officer-cum-Executive Magistrate in pursuance to order passed on 27.05.2021 in IA Case No. 05/2021. As to order, dated 27.05.2021, has been held to be in excess of jurisdiction and accordingly, interfered with, the order, dated 11.06.2021, issued by the Circle Officer-cum-Executive Magistrate is also interfered with and set aside.