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2022 Supreme(Gau) 1106

DEVASHIS BARUAH
Tarong Yapi S/o Late Tate Yapi – Appellant
Versus
Takeng Taten S/o Shri Talen Taten – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: O. Perme.
For the Respondent: J. Jini.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Ms. N. Danggen, the learned counsel appearing on behalf of the Petitioner and Mr. T.T. Tara, the learned counsel appearing on behalf of the Respondents.

2. This is an application under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 (for short referred to as the “Regulation”) read with Article 227 of the Constitution of India for quashing of the order dated 29.11.2016 passed by the learned Additional Deputy Commissioner, Siang District, Rumgong issued vide Memo No. RMG/JUD-20(K)/2016-17/1181.

3. The controversy which arises before this Court is in relation to the Power of the Deputy Commissioner under Section 46 of the Regulation. For the purpose of appreciating the controversy, it is relevant to take note of the facts of the case.

4. Certain disputes arose between the Petitioner and the Respondents over a plot of land. The village authorities i.e. the Kebang gave a decision on 16.12.2011 thereby marking out the boundary of the stream and also to the extent of right of coverage of the stream owner in the land area in between the Jhum land and the stream. The Kebang further decided that starting from the stream up to 1

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