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
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:—
Not affording an opportunity to rebut claims of parties by allowing them to lead evidence either oral or documentary shall negate very foundation requirements of not only provisions but also lead to ....
Payment of compensation in lieu of land - Inadequacy of cost - Petitioner No. 3 and his mother had put their signature in Annexure II, i.e. the deed of final settlement. Now, the petitioner cannot ra....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.