JUDGMENT :

This Civil Revision Petition under Section 50 of the Assam Frontier (Administration of Justice) Regulation Act, 1945 read with Section 115 of Code of Civil Procedure, 1908 is directed against the order No.SD/Kebang-109/2019-20, dated 25.08.2020, passed by the Circle Officer (Kebang), Boleng under the capacity of the Deputy Commissioner, Boleng, Siang District, Arunachal Pradesh.

2. It is to be mentioned here that vide the impugned order, the learned Deputy Commissioner, Siang District, Boleng has dismissed the appeal preferred by the present petitioner against the order dated 27.07.2020 and further directed to pay a fine of Rs.5,000/- (Rs. Five thousand) only, which is to be deposited with the Kebang office within 15 days.

3. The factual background leading to filing of this Revision Petition is briefly stated as under:-

“The petitioner Shri Tage Jerang is the son of Shri Tasang Jerang and the respondent Shri Taje Jerang is the son of Tamuk Jerang of Village-Lilleng, P.O./P.S.-Boleng and both are cousin brothers in relation. There was a dispute between the petitioner and the respondent in respect of a WRC plot of land of Moma-Arik. In connection with the said dispute, a Kebang was held on 19.07.2021, in which the village authorities has decided the dispute of wet rice cultivation (WRC) plot of land of Moma-Arik in favour of the petitioner and the Kebang has afforded opportunities to the parties to go for appeal within a week from the date of the Kebang decision. Accordingly, on 17.08.2020, the Circle Officer (Kebang) acting on behalf of the Deputy Commissioner, Boleng under Siang District fixed a local Kebang for amicable settlement of the land dispute and fixed 25.08.2020 for holding Kebang at the disputed site itself. The petitioner and the respondent accordingly appeared before the Kebang, wherein, the Circle Officer (Kebang) took the case in upper hand and did not allow the petitioner to place his grievance in the Kebang proceeding as per the custom and usages and while doing so he has not been given sufficient opportunity and passed the impugned order in a mechanical manner dated 25.08.2020, and held that the said dispute has already been settled by Shri Taro Mize, the then Addl. Deputy Commissioner, Boleng vide order No.BLG-604 (GEN) 2015-16, dated the Boleng the 4th April, 2016 in presence of Gaon Buras (GB) of Dosing village on 30.01.2016, with regard to the ownership of disputes of Moma-Arik WRC Field. By the said decision, the Circle Officer (Kebang) has declared the title of the disputed land in favour of Shri Taje Jerang and also directed the present petitioner to deposit a fine of Rs.5,000/-within 15 days for misguiding the Head Gaon Buras (HGB) & GB and other members”.

4. It is the contention of the petitioner that Circle Officer (Kebang) has no power and authority to sit over the Court of Deputy Commissioner, Boleng and the appellate Court of the Assistant Commissioner is the Court of Deputy Commissioner as per the Assam Frontier (Administration of Justice) Regulation 1945. Therefore, in the given case, the Circle Officer (Kebang) has no authority to represent the office of the Deputy Commissioner in representative capacity unless the law is amended and further the Deputy Commissioner, Boleng has not commenced for de novo trial as per the relevant provision of law and therefore, the Circle Officer (Kebang) cannot act on behalf of the Deputy Commissioner, Boleng in representative capacity as per law and as such, the impugned order is void and has no legal force. It is the further contention of the petitioner that the Kebang decision dated 19.07.2020 was not connected with the earlier Kebang in between the parties with regards to right of inheritance and adoption and despite of such clear cut Kebang decision, the Circle Officer (Kebang) has illegally nullified the Kebang decision dated 19.07.2020, on the premises that earlier judicial authority has given the decision over the subject matter, which is quite u