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1982 Supreme(Gau) 42

B.L.HANSARIA
Chief executive member, north cachar hills district council. Haflong – Appellant
Versus
Thangsaving Changaon And Another – Respondent


Advocates Appeared:
S.K.Senapati, B.Sarma, Y.K.Phukan

The important question raised in this revision relates to the Jurisdiction of an Assistant to the Deputy Commissioner in North Cachar Hills District (who exercises the power of a civil court there) to entertain a matter concerning boundary dispute between two villages. The two villages in this case are Laisong and Tuolpi, The Gaon Bura of Laisong filed a petition dated 2.1.69 before the Chief Executive Member (CEM) of N.C. Hills District Council, who rendered his decision on 17.4.70 in favour of Laisong, This was challenged by Tuolpi before the Assistant to the Deputy Commissioner, Haflong, who held the decision of CEM as contrary to law. On an appeal being preferred by the CEM, the same was dismissed by the learned Deputy Commi­ssioner. The main attack in the appeal was on the question of jurisdiction of the civil court. Shri Sharma has also addressed on the same point.

2. The jurisdiction of the civil court is sought to be assailed with the aid of section 154(1) of the Assam Land and Revenue Regulation (the Regulation, for short) whose applicability to the North Cachar Hills is an admitted position.

According to Sri Sarma the case is covered by clauses (h) and (i) of the aforesaid









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