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IN THE HIGH COURT OF GAUHATI (ITANAGAR BENCH)
B.K. Sharma and MMANOJIT BHUYAN, JJ.
Nabam Nikum & Ors. - Petitioners
Versus
State Of Arunachal Pradesh & Ors - Respondents
W.P(C) No.422 (AP) of 2013, 65 (AP) 70(AP), 72 (AP) and 73(AP) of 2014
Decided On : 14-05-2015
Arunachal Pradesh to amend Regulation, 1945 - amending Regulation, 1945 - Quash Notification - Village Authority - Forum in respect - Significance and urgency - Petitions involving same issue have been taken up having heard analogously and are being disposed of by this common Judgment & Order - While in WP(C) No. prayer made is to set aside and quash Notification, in other 4 Writ Petitions - Challenge is to orders passed by jurisdictional Deputy Commissioner on appeals preferred by petitioners against decision of Village Authority - Issued falls for our consideration is as to whether by impugned Notification of Government - Deputy Commissioners/Additional Commissioners could have been divested of their powers and jurisdiction to take up trial of the cases, both civil and criminal including institution, till Assam Frontier Regulation, 1945 is suitably amended - Admittedly under provisions of said Regulation and depending upon pecuniary jurisdiction, appeal lies to Deputy Commissioners/Additional Deputy Commissioners against decision of Village Authorities - An embargo has been created with issuance of impugned Notification in terms of which aggrieved party aggrieved by decisions of Village Authority has been rendered remedy less – Held, Writ Petitions are disposed of directing State of Arunachal Pradesh to amend Regulation, 1945 suitably in terms of draft Arunachal Pradesh Civil Courts received from High Court - Shall be done as expeditiously as possible - Till then, i.e. in interregnum, it is hereby provided that Appellate Forum under aforesaid Regulation, 1945 shall continue to exercise their jurisdiction in respect of appeals preferred against decisions of the Village Authority - Stage submissions have been made by learned counsels for parties that in interregnum and in pursuance to impugned Notifications, jurisdiction exercised by District Judge/Addl. District Judge in respect of decisions of Village Authority same may have to be protected by appropriate saving clause in proposed amendment of Regulation, 1945 - State Respondents are directed to keep in mind said aspect of matter while amending Regulation, 1945 it is made clear that irrespective of saving clause and/or independent of saving clause - It will always be open for party aggrieved by any such decision to make challenge to same on available grounds other than the ground of jurisdiction - Petitioners involved in WP(C) No., WP(C) No. WP(C)No.73(AP)/2014 and WP(C)No. are granted liberty to assail orders passed by Deputy Commissioners in appeals against decisions of Village Authority by preferring Civil Revision Petition, it is further provided that while entertaining said Civil Revision Petition, time consumes in this process shall be kept in mind - It is further made clear that this order will not affect validity of any order already passed by District Judge/Addl. District Judge in exercise of appellate power against orders passed by Village Authority will be subject to such remedy as may be available in law except plea of want of jurisdiction - Petitions shall stand disposed
B.K. Sarma, J.
All the writ petitions involving the same issue have been taken up having heard analogously and are being disposed of by this common Judgment & Order.
2. While in WP(C) No.422/2013 the prayer made is to set aside and quash the Notification dated 8.6.2010 (Annexure-V), in other 4(four) Writ Petitions, the challenge is to orders passed by the jurisdictional Deputy Commissioner on the appeals preferred by the petitioners against the decision of the Village Authority.
3. The issued falls for our consideration is as to whether by the impugned Notification dated 8.6.2010 of the Government of Arunachal Pradesh, all the Deputy Commissioners/Additional Commissioners could have been divested of their powers and jurisdiction to take up the trial of the cases, both civil and criminal including institution, till the Assam Frontier (Administration of Justice) Regulation, 1945 is suitably amended. Admittedly under the provisions of the said Regulation and depending upon the pecuniary jurisdiction, appeal lies to Deputy Commissioners/Additional Deputy Commissioners against the decision of the Village Authorities. An embargo has been created with the issuance of the impugned Notification dated 8.6.2010 in terms of which the aggrieved party aggrieved by the decisions of the Village Authority has been rendered remedy less.
4. Prior to issuance of the said Notification, aggrieved party was entitled to prefer appeal either to the Deputy Commissioner or to the Assistant Commissioner depending upon the pecuniary jurisdiction. In the counter affidavit filed by the State Respondents in WP(C) No.422/(AP)/2013 the Notification dated 28.4.2011 of the Chief Secretary, Govt., of Arunachal Pradesh has been enclosed, the said Notification was issued in reference to the impugned Notification dated 8.6.2010 ordering that except Deputy Commissioner of Tezu, Yupia and Capital, all Deputy commissioners being vested with the powers to administer Civil Justice under the Assam Frontier (Administration of Justice) Regulation, 1945 would continue to take up cases wherever specific directions are issued by the High Court for trial of such cases till the said Regulation, 1945 is suitable amended.
5. As noted above, in the Writ Petitions the challenge is to the orders of the jurisdictional Deputy Commissioner on appeals preferred by the petitioners against the decision of Village Authority. The petitioners have referred to another Notification dated 6.1.2014 (Annexure-V of WP (C) No.72/2014 of the Chief Secretary of the State which reads as under:
“Government of Arunachal Pradesh
Department of Law and Judicial Itanagar
No. JUD/DCS-37/2010
Dated Itanagar the 6th January, 2014.
Notification
Consequent upon the appointment of five Chief Judicial Magistrate-cum-Civil Judge (Sr. Division) and five Judicial Magistrate-cum-Civil Judge (Jr. Division) by the State Government and subsequent posting of the officers and vesting of powers in them by the Hon’ble High Court vide notification Nos. HC.VII-02/2013/6584/A, HC.VII-02/2013/6585/A, HC.VII-02/ 2013/6586/A, dated 07.08.2013, HC.VII-02/2013/ 6934/A, dated 12.08.2013, HC.VII-02/2013/6730/A, dated 02.09.2013 and HC.VII-02/2013/6222/ A, HC.VII-02/2013/6223/A, & HC.VII-02/2013/6224/A, dated 26.07.2013 respectively, the Governor of Arunachal Pradesh, in consultation with the Hon’ble High Court, is pleased to order that the Deputy Commissioners where the said Judicial Offices are posted shall transfer all pending cases (both Criminal and Civil) to the Courts of said Chief Judicial Magistrate-cum-Civil Judge (Sr. Division) and Judicial Magistrate-cum-Civil Judge (Jr. Division) for trial and disposal thereof.
Henceforth, all cases, both criminal and civil shall be instituted only in the Court of Chief Judicial Magistrate-cum-Civil Judge (Sr. Division) and Judicial Magistrate-cum-Civil Judge (Jr. Division).
The Governor of Arunachal Pradesh is further, pleased to order that wherever Judicial Officers are not posted,
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