Charu Tamam v. Charu Punung

2:Kra Daadi District Unit Gaon Burahs and Gaon Burish Welfare Association A Society under registered under Societies Registration Act 1860 through its President Shri Biki Tai P.O Palin Kra Daadi District Arunachal Pradesh Advocate for the Petitioner : Dicky Panging Advocate for the Respondent : G Riba Page No.# 2/5 BEFORE HONBLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 04.08.2022 Heard Mr. D. Panging, learned counsel for the petitioner. Also heard Mr. G. Riba, learned counsel for the respondents.

2. This Civil Revision Petition is directed against the notice/order dated

02.12.2021, issued by the Office of Kra-Daadi District Unit Gaon Burah and Gaon Burish Welfare Association, wherein, it is stated that the dispute over ‘Hepu’ land has been transferred to that Office and that no person is allowed to take natural materials and vegetation from the land till settlement of the case.

3. The factual background leading to filing of this petition is briefly stated as under:- “There was a land dispute between the petitioner and the respondent No. 1 in respect of a plot of land, which is known as ‘Hepu land’. Thereafter the petitioner approached the Gaon Bura of Jakshi Tara village to settle the dispute. But, the Gaon Bura of Jakshi Tara village, instead of holding a Mel to settle the dispute between the petitioner and the respondent No. 1, referred the matter to “All Chambang Area Gaon Bura Welfare Association”. Thereafter, the petitioner, not being aware of the legal position about the lack of jurisdiction of “All Chambang Area Gaon Bura Welfare Association” to try the dispute, attended the Mel conducted in the month of November, 2013. But, in the said Mel no decision could be arrived at regarding the ownership of the land, since the land was continuously in a possession of the petitioner, and he continued using the said land for agricultural and other purposes. But, to his utter shock, he received one notice dated 02.12.2021, from the President of “Kra-Daadi District Units Gaon Bura and Gaon Burish Welfare Association”, wherein, it was stated that since the dispute Page No.# 3/5 between the petitioner and the respondent No. 1 regarding the ownership over ‘Hepu” land could not be resolved by “All Chambang Area Gaon Bura Welfare Association” vide letter dated 30.12.2021, to office of the “Kra-Daadi District Units Gaon Bura and Gaon Burish Welfare Association”, and accordingly the land would remain under the control of the Office of “Kra-Daadi District Units Gaon Bura and Gaon Burish Welfare Association” from 04.12.2021, and no persons were allowed to take natural material and vegetation from the land till settlement of the case and a fine of Rs.50,000/-(Rupees Fifty Thousand) only would be imposed upon the violators of the notice dated 02.12.2021. As the Assam Frontier (Administration of Justice) Regulation, 1945, does not contemplate an association of members of village authorities to try any suit the impugned notice/order issued by the so called “Kra-Daadi District Units Gaon Bura and Gaon Burish Welfare Association” is illegal and wholly without jurisdiction and liable to be interfered. Therefore the petitioner approaches this Court by filing the present petition.”

4. Mr. D. Panging, learned counsel for the petitioner submits that conferment of jurisdiction is a legislative function and it can neither be conferred with the consent of the parties nor by a superior Court and if any order is passed without any jurisdiction, it would amount to a nullity as the same goes to the root of the matter. Mr. Panging further submits that the Assam Frontier (Administration of Justice) Regulation, 1945, confers civil jurisdiction upon the village authority appointed by the Deputy Commissioner for such village or villagers as he may specify. But, it does not confer any jurisdiction upon an association of members of village authorities. Mr.Panging, further submits that in view of the provision of the Assam Frontier (Administration of Justice) Regulation, 1945, and also in view of the Arunachal Pradesh Civil Courts Act, 2021, the association of Gaon Bura’s and Gaon Buris have no power to try the civil matters and as such the impugned notice/order is non-est in law, and therefore, it is contended to quash the same and to grant liberty to the Page No.# 4/5 respondents to approach appropriate authority as provided in the Arunachal Pradesh Civil Courts Act, 2021.

5. Mr. G. Riba, learned counsel for the respondents also conceded to the submission so advance by Mr. D. Panging, learned counsel for the petitioner.

6. Having heard the submission of the learned Advocates of both sides, I have carefully gone through the petition and the affidavit-in-opposition submitted by the respondents and also carefully gone through the relevant provision of law, especially Section 5(1) and Section 40 of the Assam Frontier (Administration of Justice) Regulation, 1945, and also the sub-Section 1 of Section 27 of the Arunachal Pradesh Civil Courts Act, 2021, I find sufficient force in the submission of Mr. Panging, learned counsel for the petitioner.

7. Section 40 of the Assam Frontier (Administration of Justice) Regulation, 1945, provides for power of village authorities which may try all suits, without limit of value, in which both the parties are indigenous to the State of Arunachal Pradesh and live within their jurisdiction and which are not submitted to arbitrator under the provision of Section. Besides, 38 Clause-VII to sub-Section 27 of the Arunachal Pradesh Civil Court Act, 2021, also provides the same and it does not contemplate conferring of any jurisdiction upon and the ‘Association of Gaon Bura and Gaon Buris’ and as such the impugned notice/order dated

02.12.2021, issued by the “Kra-Daadi District Units Gaon Bura and Gaon Burish Welfare Association” is non-est in law, as it has no jurisdiction and as such the same stands set aside and quashed. However, the liberty will remain with the respondents to approach appropriate forum under appropriate provision of law in respect of the dispute of ‘Hepu land’ between the petitioner and the respondent.

9. In terms of above, this Civil Revision Petition stands disposed of. The parties have to bear their own cost. Page No.# 5/5 JUDGE Comparing Assistant