JUDGMENT :

ROBIN PHUKAN, J.

1. In this writ petition, under Article 226 of the Constitution of India, 3 (three) petitioners, namely, Shri Chiken Basar, Shri Tochi Basar and Shri Chito Basar, have put to challenge the Order No. LDR/LK-175/19-20/547, dated 05.07.2019, passed by the In-Charge Deputy Commissioner, Leparada District, by which, a Bango Level Keba was constituted to decide a land dispute between the petitioners and the respondent Nos. 4 and 6 and the Order No. LDR/LK-176/19-20/111, dated 05.09.2019, in continuation of the earlier order dated 05.07.2019, constituting a Bango Level Keba to decide a land dispute between the petitioners and the respondent Nos. 4 and 5, and also the decision of the Bango Level Keba, dated 13.09.2019.

2. The factual background leading to filing of the present writ petition is briefly stated as under:

“There was a land dispute between the petitioners and respondent Nos. 4 and 5 over the title of a property of Lt. Mardi Basar, which the petitioner No. 2 has inherited by performing last rites of Lt. Mardi Basar. The petitioners then lodged a complaint before the Head Gaon Bura of Soi Village and a Keba was held on 29.04.2016. The Keba, after hearing the parties, has decided that the Wet Rice Cultivation (WRC) field (Rike), that was being cultivated by Lt. Mardi Basar, shall be passed on to the petitioner No. 2 and the field near Kidi river was to be divided amongst the parties. The Keba further decided that all the uncultivated land of Lt. Mardi Basar shall be passed on to the petitioner No. 2. Thereafter, respondent No. 4 has submitted a representation to the Additional Deputy Commissioner, Basar, with the allegation of unfair decision taken by the Keba Authority and prayed for settlement of the dispute by a Bango Level Keba. Accordingly, the Deputy Commissioner, Basar, vide order dated 05.07.2019 and 05.09.2019, directed for conducting a Bango Level Keba on 13.09.2019 and accordingly, a Bango Level Keba was held on 13.09.2019, wherein, the Bango Level Keba held that the petitioner No. 2 is entitled to the properties of Lt. Mardi Basar and directed for dividing the land between the petitioner No. 2 and the respondent No. 4. As the Assam Frontier (Administration of Justice) Regulation, 1945, does not envisage a forum of Bango Level Keba for adjudicating any civil dispute and as such, the Deputy Commissioner, Basar, should not have conferred jurisdiction on a forum which is not provided by the statute and since the order, dated 05.07.2019 and 05.09.2019, passed by the Deputy Commissioner, Basar, are without jurisdiction and consequently the decision of the Bango Level Keba, dated 13.09.2019, is illegal and without jurisdiction, therefore, the petitioners approached this Court for setting aside the aforementioned orders.”

3. The respondent Nos. 3, 4 and 5 have submitted their affidavit-in-opposition denying the averments made in the petition.

4. The respondent No. 3, in his affidavit-in-opposition, stated that the Bango Level Keba system is not only prevalent in Galo areas, but also in entire Arunachal Pradesh since the time immemorial and the Government of Arunachal Pradesh has recognized the existence of such Bango Level Keba system vide Guideline No. GA (B) 62/82, dated 27.02.2001, and the same was issued to all the District Administration and amongst the village authorities and that the Deputy Commissioner, Lepa Rada District, Basar, is within the competency and permitted under the guidelines and referred the Suit to Bango Level Keba and as such, the order of the Bango Level Keba cannot be questioned in the writ petition.

5. In their affidavit-in-opposition by the respondent Nos. 4 and 5, it is stated that Village Level Keba, Bango Level Keba and District Level Keba are the practice and convention being followed by Adi-Galo tribe to resolve the disputes in between themselves and that the Keba decision, dated 29.04.2016, was not taken fairly on merit and the witnesses and submission of deponents we