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2022 Supreme(Gau) 990

IN THE HIGH COURT OF GAUHATI, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), (ITANAGAR BENCH)
ROBIN PHUKAN, J.
Tage Jerang, S/o. Shri Tasang Jerang – Petitioner
Versus
Taje Jerang, S/o. Tamuk Jerang – Respondent
Review Pet. No.4 Of 2022
Decided On : 14-07-2022

Advocates Appeared:
For the Petitioner: Tabit Tapak.
For the Respondent: K. Posi.

Headnote:

Civil Procedure Code, 1908 – Section 11, 114 – Order 47 Rule 1 – Civil Revision Petition – Factual background leading to filing of present petition is briefly – Held, Court find no ground to review/alter/modify judgment and order of this Court, on this sole ground as other ground is found to be unsubstantiated and as there is no mistake or error apparent on face of record – Law in respect of review is well settled by Hon’ble Supreme Court in catena of decisions – In case it has been held that “review proceeding cannot be equated with original hearing of case, and finality of judgment delivered by Court will not be reconsidered except where a glaring omission or patent mistake or like grace error has crept in earlier by judicial fallibility – Dismissed.

JUDGMENT :

1. This review petition, under Section 114 readwith Order 47 Rule 1 of the Code of Civil Procedure, is preferred for review/alteration/modification of the judgment and order of this Court, dated 21.02.2022, passed in Civil Revision Petition No. 15/2021.

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

    “The petitioner, Shri Tage Jerang, filed one Civil Revision Petition, under Section 50 of the Assam Frontier (Administration of Justice) Regulation Act, 1945 readwith Section 115 of the Code of Civil Procedure, 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. It is to be noted here that vide 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/-(Rupees five thousand) only which is to be deposited with the Kebang Office within 15 (fifteen) days.

The dispute between the petitioner-Shri Tage Jerang and the respondent-Shri Taje Jerang arises in connection with a plot of land known as ‘Moma-Arik’. In connection with the said dispute, a Kebang was held on 19.07.2021, in which the village authority has decided the disputed land, i.e. ‘‘Moma-Arik’’, in favour of the petitioner and the Kebang has afforded opportunity to parties to go for appeal within a week from the date of the Kebang decision. Again, on 17.08.2020, the Circle Officer, Boleng, acting on behalf of the Deputy Commissioner, had fixed a local Kebang for amicable settlement of the land dispute and fixed 25.08.2020 for holding Kebang at the disputed site itself and in the said Kebang, the Circle Officer did not allow the petitioner to place his grievance before the Kebang and thereafter, passed the impugned order, dated 25.08.2020, mechanically and held that the disputed land has already been settled by Shri Taro Mize, the then Additional Deputy Commissioner, Boleng, vide Order No. BLG-604 (GEN) 2015-16, dated Boleng the 4th April, 2016, in presence of Gaon Bura of Dosing Village on 30.01.2016 with regard to the ownership of the disputed ‘Moma-Arik’ WRC field. By the said decision, the Kebang has declared title of the disputed land in favour of the respondent-Shri Taje Jerang and directed the petitioner to deposit a fine of Rs. 5,000/-within 15 (fifteen) days.”

3. This Court, after hearing both the sides, vide judgment and order dated 21.02.2022, was pleased to dismiss the said civil revision petition basically on 2 (two) ground, i.e. the resjudicata and also on ground of limitation.

4. The sole respondent has filed his affidavit-in-opposition denying the averments made in the review petition. It is stated that no review is necessary on the grounds mentioned in the petition.

5. I have heard Mr. T. Tapak, learned counsel for the petitioner. Also heard Mr. K. Posi, learned counsel for the respondent.

6. Mr. Tapak, learned counsel for the petitioner, submits that this review petition is preferred basically under Order 47 Rule 1 of the CPC, for discovery of new important matters which could not be produced by him at the time of hearing when the judgment and order was passed and also on account of mistake or error apparent on the face of the record. Mr. Tapak further submits that the grounds on which this Court was pleased to dismiss the revision petition are not just ground. It is pointed out that while dismissing the civil revision petition, this Court was pleased to refer to the Kebang decision dated 04.04.2016, and countersigned by the Additional Deputy Comissioner, Boleng, but the said order cannot be pressed into service to hold the Civil Revision Petition as barred by res judicata as because vide aforesaid decision, the Kebang had dealt with inheritance of ‘Moma-Arik’ land not with the right, title and inte

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