Kow Dedu v. Tachung Dedu
Case at a glance
- Decided
- 24 Aug 2022
- Bench
- DEVASHIS BARUAH
Outcome
Disposed of
With the above observations and directions, the petition stands disposed off
Provisions considered
Judgment
BEFORE HONBLE MR. JUSTICE DEVASHIS BARUAH Date : 24-08-2022 ORDER Heard Ms. H. Jeram, the learned counsel appearing on behalf of the Petitioner, Mr. N. Pada, the learned counsel appearing for the Respondent No. 1 and Mr.Y. Riram, the learned Junior Government appearing for the Respondent No. Page No.# 2/5
The instant application under Article 227 of the Constitution of India is filed challenging the order dated 13/5/2022 passed on behalf of the Deputy Commissioner in land dispute at Demba village bearing Case No. DRJ/JDU-3/2020-
A short point on the question of jurisdiction is involved in the instant proceedings inasmuch as a perusal of the first proviso to Section 15 of the Arunachal Pradesh Civil Courts Act, 2021(hereinafter for short referred to as the ‘Act of 2021’) stipulates that any appeal on civil suit pending in the Court of the Deputy Commissioner shall be disposed off by the concerned Deputy Commissioner under the provisions of the Assam Frontier (Administration of Justice) Regulation,1945 as expeditiously as possible but not later than one year from the date of coming into force of the Act. The Act of 2021 admittedly has come into force w.e.f. 12/4/2021 and as such by virtue of the first proviso to Section 15 of the Act of 2021, the Court of the Deputy Commissioner and Additional Deputy Commissioner cannot exercise any jurisdiction on or after 12/4/2022. However, in the instant case on behalf of the Deputy Commissioner the order was passed on 13/5/2022 which on the face of it is in conflict with the first proviso to Section 15 of the Act of 2021. Consequently, the order dated 13/5/2022 having been passed by a Court having no jurisdiction, the same stands interfered with.
However, a question has duly arisen as to what would happen in respect to the pending cases which could not have been completed within the period of one year from the date of coming into force of the Act of 2021 inasmuch as the learned counsel for the Respondent No.1 submits that the said issue has only been resolved on the basis of a Notification dated 4/8/2022 by the Government in exercise of the powers under Section 29 of the Act of 2021. He submits that the Page No.# 3/5 issuance of the Notification dated 4/8/2022 the Court of the Deputy Commissioner had the jurisdiction.
From a perusal of Section 15 and more particularly the second proviso to Section 15 of the Act of 2021, it categorically mandates that the Court of the District Judge or Additional District Judge w.e.f. the date of commencement of the Act of 2021 shall have the jurisdiction to decide appeals preferred against the judgment of the Customary Court who may decide the appeal or proceed with the case de novo. Under such circumstances, on and from 12/4/2021, the jurisdiction vest upon the Court of the District Judge or the Additional District Judge of the concerned district. The first proviso to Section 15 of the Act of 2021 only retrieved the jurisdiction of the Deputy Commissioner and Additional Deputy Commissioner for a period of one year i.e. on or before 11/4/2022. Thereafter the Deputy Commissioner and Additional Deputy Commissioner had no jurisdiction. This aspect of the matter stands clarified by a Notification issued on 4th of August 2022 bearing Notification No.
Law/Legn-20/2022. Taking into consideration that the said notification has great relevance, the same is quoted hereinbelow :- “GOVERNMENT OF ARUNACHAL PRADESH LAW, LEGISLATIVE AND JUSTICE DEPARTMENT CIVIL SECRETARIAT : ITANAGAR No. Law/Legn-20/2022 Dated Itanagar, the 4th of August, 2022 NOTIFICATION WHEREAS, the Arunachal Pradesh Civil Court Act, 2021(Act No. 4 of 2021) was enacted by the Arunachal Pradesh Legislative Assembly in the Sixth Session of the Seventh Legislative Assembly, with a view to consolidate the laws relating to Civil Courts and for establishment of various Civil Courts for speedy disposal of Civil cases in the State of Arunachal Pradesh and matters connected therewith and incidental thereto; AND WHEREAS, the Governor of Arunachal Pradesh has assented to Page No.# 4/5 the Act, on 5th April, 2021 and it was published in the Arunachal Pradesh Extraordinary Gazette No. 108 Vol.XXVIII dated 12th April, 2021.
AND WHEREAS, Sub-Section (3) of section 1 of the Act provides that the Act shall come into force on the date of its publication in the Official Gazette. AND WHEREAS, in terms of Sub-section (3) of Section 1, the Act came into force on 12th of April, 2021 as it was published in the Official Gazette on 12th April, 2021. AND WHEREAS, the first proviso to Sub-Section (3) of section 15 of the Act, provides for disposal of any pending appeal civil suits by the Deputy Commissioner(s) under the provisions of the Assam Frontier (Administration of Justice) Regulation, 1945 as expeditiously as possible but not later than one year from the date of coming into force of the Act. AND WHEREAS, the period of 1(one) year provided to the Deputy Commissioner(s) to dispose of any pending appeal under the provisions of the Assam Frontier(Administration of Justice) Regulation, 1945 had expired on 12th April 2022.
AND WHEREAS, the second proviso to Sub-section (3) of Section 15 of the Act, provides that, from the commencement of the Act, in case an appeal is preferred against the judgment of Customary Court before the Court of District Judge or Court of Additional District Judge, as the case may be, the Court of the District Judge or the Court of Additional District Judge, may dispose of the same or proceed with the case de novo. NOW THEREFORE, since the period of 1(one) year provided to the Deputy Commissioner(s) to dispose of any pending appeal cases had expired on 12th April 2022, all the Deputy Commissioner(s) are directed to transfer all pending appeal civil suits/cases to the respective Courts of District Judge and the Courts of Additional Judge with immediate effect. It is further apprised that the Courts of District Judge and the Courts of Additional Judge, may re-transfer the pending appeal civil suits/cases so received from the Deputy Commissioner(s) to the Court of Civil Judge Junior Division or Court of Civil Judge Senior Division as the case may be, as per their territorial and pecuniary jurisdiction. This issue with the approval of the Competent Authority. Page No.# 5/5 Sd/-Chief Secretary Government of Arunachal Pradesh.”
The said notification on the face of it is a clarificatory notification and as such dates back to the date of coming into effect of the Act of 2021. In that view of the matter, this Court therefore sets aside the order dated 13/5/2022 passed on behalf of the Deputy Commissioner, Upper Subansari District Daporijo in the case of DRJ/JDU-3/2020-21 and directs the Office of the Deputy Commissioner, Upper Subansiri District, Daporijo to immediately transfer the appeal proceedings bearing No DRJ/JDU-3/2020-21 to the Court of the Additional District and Sessions Court at Basar exercising the jurisdiction in respect to Upper Subansari District Daporijo. The same should be done as expeditiously as possible and more particularly within a period of 30 days from today.
Operative part
With the above observations and directions, the petition stands disposed off. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above observations and directions, the petition stands disposed off
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Arunachal Pradesh Civil Courts Act, 2021 — s. 15.
Which court decided this case, and when?
Gauhati High Court, on 24 Aug 2022. The bench was DEVASHIS BARUAH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.