IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT ITANAGAR BENCH
DEVASHIS BARUAH, J.
Shri Sonemso Gam and Others – Petitioners
Versus
The State of A.P. and Others – Respondents
C.R.P. No. 1 of 2019
Decided On : 27-05-2022
Constitution of India, 1950 – Article 227 –Assam Frontier (Administration of Justice) Regulation, 1945 – Section 5 – Instant revision application petition has been filed under Article 227 of Constitution challenging order issued by Addl. Deputy Commissioner District – Held, It would be relevant to take note of that though an appeal lies against decision of village authorities but taking into consideration that decision rendered by village authorities was in complete violation to mandate of judgment passed by this Court (Supra) and same shocks judicial conscience of this Court, this Court under Article 227 of Constitution exercises jurisdiction in peculiar facts of case – Parties shall be at liberty to resort to such legal remedies as available in law for settling their disputes – Petition disposed of.
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. L. Perme, learned counsel for the Petitioners and Ms. R. Basar, learned Junior Government Advocate appearing on behalf of the Respondent Nos. 1 to 3. Also heard Mr. D. Panging, learned counsel for the Respondent Nos. 4 to 6.
2. The instant revision application petition has been filed under Article 227 of the Constitution challenging the order dated 21.11.2018 issued by the Addl. Deputy Commissioner, Hayuliang, Anjaw District, as well as the decision of the Kebang dated 24.12.2018.
3. The facts of the instant case is that the Petitioners herein claim to be the owners of Huiliang village’s land which they have inherited from their forefathers. Disputing the title and ownership of the land owned by the Petitioners, the Respondents vide an application dated 08.11.2018, approached the Deputy Commissioner, Hawai, Anjaw District, Arunachal Pradesh, praying for a local Kebang to be conducted for resolving the title and ownership dispute of the Huiliang village’s land between the Petitioners and the private Respondent No. 4 and four other persons.
4. In pursuance to the said application submitted by the Respondent No. 4 along with four other persons, the Addl. Deputy Commissioner Hayuliang, Anjaw District, issued an order dated 15.11.2018 vide Memo No. HLG/LM-0001/LANDDISPUTE/2018-19/6721-728 constituting a local Kebang to decide the land dispute between the Boo and Gam clan of Huiliang village and fixed 19.11.2018 as the date for conducting the local Kebang. A further perusal of the order dated 15.11.2018 shows that one Sri Achan Krong, PI and Sri Sonulum Tindya, PI, ADC’s Office, Hayuliang, Anjaw District, Arunachal Pradesh were directed to supervise the local Kebang.
5. The Petitioners herein not agreeing with the said order of the Addl. Deputy Commissioner, Hayuliang, Anjaw District, in constituting the local Kebang for deciding the land dispute, protested against such constitution of the Kebang whereafter, a coordination meeting of the Petitioner and the clan members were held in the Office of the Addl. Deputy Commissioner, Hayuliang, Anjaw District, Arunachal Pradesh on 20.11.2018 wherein, a local Kebang was agreed to be held on 27.11.2018. Thereafter, the Addl. Deputy Commissioner, Hayuliang, Anjaw District, Arunachal Pradesh, issued another order dated 21.11.2018 vide Memo No. HLG/LM-0001/LAND DISPUTE/18- 19/6826-833, refixing 27.11.2018 as the date of holding the Kebang and reiterated that Sri Achan Krong, PI and Sri Sonulum Tindya, PI, ADC’s Office to supervise the local Kebang to be conducted on 27.11.2018.
6. It has been alleged that pursuance to the order dated 21.11.2018, a local Kebang was held on 27.11.2018, but the proceedings in the Kebang remained inconclusive and no concrete decision was arrived at the Kebang held on 27.11.2018. The Petitioners herein submitted a communication dated 03.12.2018 to the Deputy Commissioner, Hawai, Anjaw District, stating, inter-alia, that no Kebang should be conducted as the Respondents were misleading villagers of Huiliang by bringing unnecessary witnesses, supporters from other villages creating havoc and panic. It is the further case of the Petitioners, that even after such intimation being put forward to the Deputy Commissioner, the impugned decision dated 24.12.2018 was issued by one Sri Bachelum Malo, GB, Huiliang village, Sri Achan Krong, PI and Sri Sonulum Tindya, PI, ADC’s Office, Anjaw District, A.P. whereby the disputed land was held to be of the private Respondents clan.
7. Being aggrieved, by the said decision of the Kebang dated 24.12.2018, and the various orders passed by the Addl. Deputy Commissioner on 15.11.2018 and 21.11.2018, the Petitioners are before this Court under Article 227 of the Constitution.
8. This Court, vide an order dated 22.01.2019 , issued notice and the interim stage, provided that the order dated 24.12.2018 issued by Sri Bachelum Malo, G.B. Huiliang village, Sri Achan Krong, PI and Sri Sonulum Tindya, PI, ADC’s Of
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The doctrine of Res Sub-Judice and the principle of natural justice, particularly the rule against bias, were central to the court's decision in setting aside the Kebang Notice and proceeding.
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