Indira Shah, J.

Whether Civil Courts Act or North East frontier (Administration of Justice) Regulation 1945 (1945 Regulation, in short) would apply in relation to matters dealt with by the regular Courts manned by the members of the Arunachal Pradesh Judicial Service is the issue raised in this writ petition.

2. The power and functions of the judiciary was with the executives in the State of Arunachal Pradesh. The Govt., of Arunachal Pradesh took the decision to separate the judiciary from the executive and in exercise of power under Article 309 of the Constitution, with consultation with the High Court has framed Rules being Arunachal Pradesh Judicial Service Rules, 2006. Judicial Officers have been appointed and consequent to their appointment the Government of Arunachal Pradesh issued a notification dated 06.1.2014 directing all the Deputy Commissioner to transfer all the pending cases (both Criminal and Civil) to the Court of Chief Judicial Magistrate-cum-Civil Judge Senior Division and Judicial Magistrate First Class-cum-Civil Judge Junior Division.

3. The private respondent lodged a complaint to the Deputy Commissioner on 02.01.2013 alleging that the petitioner had deceitfully occupied his land. Petitioners case is that he purchased the land on 25.05.2004 and since then he is in occupation of the land. The complaint lodged by the private respondent was numbered as DC/ICC/JUD/MISC-01/2013 and the petitioner was summoned. Thereafter, on 19.03.2013 the Judicial Magistrate-cum-Extra Assistant Commissioners passed the order to maintain the status-quo in respect of the aforesaid land.

4. It is submitted by Mr. Panging that after the appointment of the Judicial Officer, the Extra Assistant Commissioners have been dispensed of the power of Judicial Magistrate but the Extra Assistant Commissioner, Itanagar has continued to proceed with the case between the petitioner and the private respondent in his capacity as the Executive Magistrate and finally disposed of the same by holding that the disputed plot of land belongs to the private respondent.

5. Relying on the case of Registrar General, Gauhati High Court v. Union of India, 2013 (4) GLT 1109, it is submitted that before separation of judiciary from the Executives and consequent to appointment of the Judicial Officers in the State of Arunachal Pradesh, the Civil Justice was administered by the Deputy Commissioner, the Assistant Commissioner and the Village Authorities under Section 36 of Regulation 1945. Since selection, appointment and posting of Judicial Service has taken place against all sanctioned post in terms of Arunachal Pradesh Judicial Service Rules, 2006, the Deputy Commissioner and the Assistant Commissioners have not role to play in the administration of justice by sitting as regular Courts.

6. Para 13, 14 and 32 of the Registrar General (supra) may be quoted as under :-

"(13) we now take up the issue in relation to the State of Arunachal Pradesh. The Arunachal Pradesh Judicial Service Rules, 2006 have been promulgated by the State of Arunachal Pradesh constituting judicial service. Selection, appointment and posting of officers has taken place against almost all the sanctioned posts. Courts have been duly constituted and are functioning. Vide Central Laws (Extension to Arunachal Pradesh) Act, 2007, CPC has been made applicable to the State of Arunachal Pradesh. Vide notification dated 24.10.2011, CrPC has been made applicable to the State of Arunachal Pradesh.

(14) Question for consideration is whether Civil Courts Act or the North East Frontier (Administration and Justice) Regulations, 1945 (the Regulations) would apply in relation to matters dealt with by the regular Courts manned by the members of Arunachal Pradesh Judicial Service or such Courts have to be taken to have been constituted under the Civil Courts Act. Admittedly, the State of Arunachal Pradesh is in no manner different from the districts of Dimashasao and Karbi-Anglong in the State of Assam excep