JUDGMENT :

1. In this writ petition, under Article 226 of the Constitution of India, the petitioner-Shri Dorjee Phurba Chukla has put to challenge the order passed by the Umpire on 11.07.2016, and also the action of the Umpire in impleading the respondent No. 2 at the last stage of arbitration proceeding without any authority of law.

2. It is to be noted here that vide the impugned Judgment and award, dated 11.07.2016, the Umpire has decided the land dispute in favour of the respondent No. 2.

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

“The petitioner-Shri Dorjee Phurba Chukla has right and title over a plot of land known as Duleyang Land, since the year 1962. The said land was gifted to the petitioner’s wife by her Lt. Father Tashi Goum and accordingly, the petitioner hosted a community feast, and there was no objection from any corner till the construction of PMGSY road, which was passing through the petitioner’s land. The respondent No. 1 Shri Tashi Dorsom filed an application claiming the said land and prayed for conducting Keba. Upon the said application, the ADC, Mechukha passed an order directing the village authorities to conduct Keba. Pursuant to the said direction, Keba was held on 10.05.2012 and passed its order and the respondent No. 1 & 2 have accepted the Keba decision. But, the petitioner had preferred an appeal on 21.10.2014 under Section 46 of the AFR, 1945 before the Addl. Deputy Commissioner, Mechuka, who, instead of taking up the matter himself, passed an order directing the arbitration board members and staff of the land management department to carry out the demarcation of the disputed land by upholding the Keba decision, dated 10.05.2012. Thereafter, an order has been issued on 08.05.2015, and against the said order, the petitioner has preferred one Civil Revision Petition being CRP No. 25 (AP) 2015 before this Court and after hearing the parties, this Court was pleased to set aside the impugned order vide order, dated 19.09.2015 and ordered the ADC, Mechuka to hear the matter within a period of 3 months from the date of submission of the order. Thereafter, the ADC, Mechuka issued an order, dated 12.04.2016 and directed the contesting parties, namely, Shri Dorjee Phurba Chukla and Tashi Dorsom to nominate 5 members from each side for formation of Panchayat. Accordingly, both the parties submitted their respective list of the members and date of arbitration proceeding was fixed on 14.06.2016 by the Arbitration Umpire Shri Raju Diru (Ex-ASM) Tato. On the scheduled date, both the parties appeared before the Arbitration Board, which was continued till 18.06.2016. On the last day of Arbitration Proceeding i.e. 18.06.2016 one Shri Phurba Tsering Maney (respondent No. 2) submitted an appeal before the Umpire to implead himself as a respondent to the Arbitration proceeding. Accordingly, his application was accepted by the Umpire without any order from the directing authority and thereafter, in the open darbar the Umpire pronounced award in favour of Shri Phurba Tsering Maney and the same was counter signed by the ADC, Mechuka, later on”.

4. Being highly aggrieved by the award and action of impleadment of respondent No. 2 by the Umpire, the petitioner has preferred this writ petition under Article 226 of the Constitution of India.

5. It is to be noted here that originally the petitioner has preferred this application under Article 227 of the Constitution of India read with Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 and read with Section 115 of the CPC for setting aside and quashing the impugned Judgment and award, dated 11.07.2016. Thereafter, notice was issued to both the parties and during course of hearing on 09.05.2022, the learned counsel for the respondent Mr. D. Panging on the basis of a judgment of this Court passed in CRP 23 (AP) 2012, submits that only writ petition will lie not Civil Revision Petition and therefore,