Achintya Malla Bujor Barua, J.

Heard Mr. R. Saikia, learned counsel for the petitioner and also heard Mr. S. Tapin, learned senior Government advocate for the State respondents.

2. This is an application under article 227 of the Constitution of India read with section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 and section 115 of Civil Procedure Code, for setting aside the order dated 18.3.2016 passed by the Court of Addl. Deputy Commissioner, West Siang District, Aalo, by which the appeal filed by the petitioner against the Keba decision dated 8.8.2002 had been dismissed.

3. The facts leading to the present petition is that the petitioner, namely. Sipu Siyom Control Committee ('SSCC') is a community based welfare society comprising of the Dego, Panya, Bogdo and Rigo villages. It is the case of the petitioner-SSCC that the entire Aalo town land and nearby land belongs to the ancestors of the villagers of the 4 villages, i.e., Dego, Panya, Bogdo and Rigo and they have donated the land comprising of the Aalo town for establishment of town area, its head quarters and other infrastructure development, etc.

4. The disputed Mido Babi Quarry area, which is located at the bank of river Yomgo belongs to the aforesaid 4 villages. It is the case of the petitioner-SSCC that the villagers of the aforesaid 4 villages have enjoyed the Mido Babi Quarry since time immemorial and the villagers of the said villages are the absolute owners of the said Quarry. Being the owner of the Quarry, they have been extracting materials like sandstone, boulder, etc., and they have also been enjoying fishing rights over the said Mido Babi Quarry area since for generations without any disturbances from any of the villagers of the other villages of the Aalo town area.

5. The petitioner-SSCC and the respondent-Gida Ishi Control Committee ('GICC'), Kabu share a common boundary at Mido Babi Quarry. It is the case of the petitioner that the entire upper portion of river Yomgo belongs to the respondent-CICC village and from the Mido Babi Quarry onwards, the entire lower portion of the river Yomgo belongs to the petitioner-SSCC villages. The resident of both the petitioner and the respondent-villages enjoy their respective rights over their own areas without encroaching each other's land.

6. But in the year 2002, the villagers of the respondent-CICC villages, all of a sudden, started claiming their right over the aforementioned land comprising of the Mido Babi Quarry and started encroaching by fishing and even tried to collect/extracts sand, etc., from said area.

7. Being aggrieved by such act on the part of the respondent-GICC, the petitioner-SSCC had submitted a representation dated 9.5.2002 before the Circle Officer (Keba) for convening a Keba to decide the dispute over the Mido Babi Quarry. Accordingly, 13 numbers of HGBs/GBs from different villages were appointed as Keba members and both the disputed parties, being the petitioner-SSCC and the respondent-CICC, were directed to appear before the Keba in support of their respective claims. Although, the Keba was initially fixed on 24.5.2002, but due to certain incidents it could not take place on the said date and it was again refixed on 29.7.2002 at Aalo Keba Dere. As the Keba could not be held on the said date also, the matter was again re-fixed on 8.8.2002, on which date, the Keba was actually held.

8. The Keba upon hearing the rival parties had passed the order dated 8.8.2002 which is available as Annexure-6 to the revision petition at p.49, wherein it had been decided that the boundary is to be demarcated from the old Yomgo (river) course and the 'Hili and Hike' will be used as before.

9. Being aggrieved, the petitioner had preferred an appeal dated 28.8.2002 before the Deputy Commissioner, West Siang District, Aalo. In the said Appeal memo, the petitioners had inadvertently mentioned it to be an application under section 51 of the AFR, 1945 with a prayer to invoke section 38 of the