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2021 Supreme(Gau) 674

IN THE HIGH COURT OF GAUHATI, (ITANAGAR BENCH)
Robin Phukan, J.
Allok Tayeng - Petitioner
Versus
Anong Tayeng and Others - Respondents
CRP No. 36 of 2017
Decided On : 02-09-2021

Advocates Appeared:
For the petitioner: Mr. Y. Pangu and Mr. T. Taki
For the respondents: Mr. R. Bori and Mr. S. Taye.

Headnote:

Assam Frontier Justice Regulation Act, 1945– Section 50 – Natural Justice — Civil Revision Petition, under section 50 of the Assam Frontier Justice Regulation Act, 1945, is directed against the order, passed by the Deputy Commissioner, East Siang District, Pasighat, in Title Suit and in I.A., as well as the consequent order, passed by the Addl. Deputy Commissioner, Mebo, East Siang District – Held, Application of above principles of law to the facts and circumstances of the case in hand, reveals that the principle of “audi alteram partem” is given a complete go bye by the Deputy Commissioner, East Siang District, Pasighat, while passing the impugned orders – Title Suit and I.A, both were disposed of by which the Deputy Commissioner behind the back of the petitioner by the impugned order, , and without giving an opportunity of being heard, ‘actum of which is not disputed by the respondent side also – Thus, it is prejudicial to the right and interest of the petitioner. And as such the impugned orders requires interference of this court – In the result, we find sufficient merit in this revision petition and, accordingly, the same stand allowed – Impugned order, by which the Deputy Commissioner, East Siang District, Pasighat, disposed of Title Suit, stands set aside – Case is remanded back to the Deputy Commissioner, East Siang District, Pasighat, with a direction to decide the same a fresh after affording the parties the opportunities of being heard and also to allow them to adduce evidence in support of their case, if they wishes – Revision petition allowed.

JUDGMENT :

1. This Civil Revision Petition, under section 50 of the Assam Frontier Justice Regulation Act, 1945, is directed against the order dated 1.11.2017, passed by the Deputy Commissioner, East Siang District, Pasighat, in Title Suit No. 02/2011 and in I.A. No. 08/2017, as well as the consequent order dated 15.11.2017, passed by the Addl. Deputy Commissioner, Mebo, East Siang District.

2. It is to be mentioned here that vide impugned order dated 1.11.2017, the Deputy Commissioner, East Siang District, Pasighat has decided the Title Suit No. 02/2011, and related Interlocutory Application being I.A. No. 08/2017, dated 25.10.2017, with a direction to the Addl. Deputy Commissioner/EAC/Village Authorities of Mebo Sub-Division, to take necessary steps and to submit the subject-matter of dispute before him for proposal and acceptance by holding de novo trial of the case by the village authorities of Mebo banggo/Mebo banggo panchayat in an open darbar, within a period of two months, from the date of order. Accordingly, vide order dated 15.11.2017, the Addl. Deputy Commissioner, Mebo fixed banggo kebang to be held on 28.11.2017, at Mebo Musup Meboand and further directed all the HGBs/GBs of Mebo Sub-Division to attend the said Banggo Kebang at Mebo Musup and further directed Pis of ADC Office, Mebo to attend the Kebang and help the HGBs/GBs to chair the Kebang.

3. Heard Mr. T. Taki, learned counsel for the petitioner and also heard Mr. S. Taye, learned counsel appearing for the respondents.

4. The factual background leading to filing of this Revision Petition is adumbrated hereinafter:—

    “The petitioner, Shri Alok Tayeng is a permanent resident of Mebo Towiv East Siang District, Arunachal Pradesh. He occupied a plot of land, located at Mebo Moruk area, in the year 1995. Prior to that, the Gaaribura of the Mebo Village accorded him permission to occupy the said plot of land. Then he has cleared the dense forest area measuring about 40 acre of land and obtained Land Possession Certificate and no objection certificate was issued for legal entitlement of the land in questioM/His possession of the said plot of land was recognized by different authorities in due course of time. Thereafter, the Government of Arunachal Pradesh made a proposal, dated 15.7.2000, for establishment of an Induagcial Estate in the Mebo area. Accordingly, Mebo Kebang has accepted the Govt. proposal and decided to offer the land at Mebo Moruk area in the petitioner and had also decided that the revenue generated from me Industrial Estate shall be kept as Mebo Welfare Fund. Then on 17.7.2000, the EAC, Mebo has deputed Pis for verification and feasibility df the site for establishment of the Industrial Estate and after verification, file Kebang has declared that the land under occupation of the petitioner is a suitable site. Thereafter, a meeting was held in the chamber of EAC, MEebo on 28.7.2000, in connection with the establishment of Industrial Estate at Mebo Village, but no decision could be taken because of the claim made by another 3 persons for establishment of Industrial Estate in their 0m??? land. To resolve the dispute one Kebang was held on 6.8.2000, wherein, it was finally decided that the Industrial Estate will be established at Mebo community land and not on private land. Thereafter, on 30.11.2011, a Banggo Kebang was conducted at Mebo community hall, wherein, the village authorities unanimously decided that there shall be no community land at Mebo Moruk area, any individual who occupied land at Mebo Moruk area are their individual land and it is further decided by the Kebang that the land occupied by the petitioner at Mebo Moruk area is his individual land and no one has any vested right to interfere the same. The declaration of title/ownership over the land located at Mebo Monik Area was in the favour of the petitioner as it revealed from the certifted copy, issued by the HGBs/GBs and Kebang decision dated 30.11.2011. Thereafter, the petitioner had dev

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