JUDGMENT :

1. This civil revision petition under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945, read with Section 151 of the Code of Civil Procedure and Article 227 of the Constitution of India is preferred by the petitioner, namely, Shri Jumli Basar, challenging the correctness or otherwise of the order No. BSR/LK-176/2017-18/11-215, dated 11.03.2020, passed by the Additional Deputy Commissioner, Basar, and also the order No. BSR/LK-176/13- 14/VOL-III, dated 02.06.2014.

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

“The father of the petitioner, namely, Lt. Nyajum Basar of village Gori-II, P.O./P.S. Basar, District Leparada, purchased a plot of jhum land measuring 3.5 acres from one Shri Miken Basar of Gori village on 26.12.1977 by executing a sale deed. Thereafter in the year 1980, Shri Miken Basar claimed that the father of the petitioner has been occupying excess land sold to him and thereafter a survey was conducted and found that the father of the petitioner has occupied excess of jhum land measuring 1.1 acre. Then, as per Galo customary law, the said dispute has been resolved by sacrificing a cow as community feast and one male mithun and one brass bowl was given to Shri Miken Basar in lieu of 1.1 acre of jhum land. Thereafter, in the year 1997, dispute arises over 1.1 acre of land and then the matter was referred to village authority (local keba) and accordingly, the matter was resolved once again as per Galo customary law. However, again on 15.05.1997, a second round of keba, purported to be a Bango Level Keba, was held in which a decision was arrived at that Nyado Basar, the uncle of the petitioner, shall cultivate 2 (two) bigas of land which he was already cultivating and Nydao Basar shall sacrifice any animal and give local brass plate to Shri Nyajum Basar, father of the petitioner, on the ground that both the parties in the dispute are brothers in relation and they should maintain cordial relationship in future. Thereafter, on 28.05.2014, Shri Nyado Basar filed a complaint before the Additional Deputy Commissioner, Basar, against the petitioner for violation of purported Bango Level Keba order No. BSR/JDL/03/1997. In pursuant to the said complaint, the Additional Deputy Commissioner, Basar, issued order No. BSR/LK-176/13-14/VOL-III, dated 02.06.2014, fixing Bango Level Keba to decide the land dispute between the parties on 16.06.2014. Thereafter, Bango Level Keba was held on that day and a decision was taken there that Nyado Basar shall continue to cultivate a portion of the land but will not sell the said land without the consent of the family members. Then, being aggrieved by the decision of the Bango Level Keba, dated 16.06.2014, the petitioner along with his mother filed a civil appeal No. 138/2014 before the learned Additional District and Sessions Judge, Basar, but the learned Additional District and Sessions Judge, Basar, transferred the matter to the Additional Deputy Commissioner, Basar, on the ground that regular civil court does not have the jurisdiction under Assam Frontier (Administration of Justice) Regulation, 1945. Thereafter, on 11.03.2020, the Additional Deputy Commissioner, Basar, disposed of the case No. BSR/LK/176/2017-18 without affording any opportunity to the petitioner of being heard and also without affording any opportunity of cross-examination to the witnesses.”

3. Being aggrieved by the order dated 11.03.2020, passed by the Additional Deputy Commissioner, Basar, directing for holding a Bango Level Keba, a nonexistent forum under AFR, 1945, on 02.06.2014, which is barred by the judgment of this Court in the case of Registrar General, Gauhati High Court Vs. Union of India & Ors. reported in 2013 (4) GLT 1109, filed the present civil revision petition for quashing the impugned order dated 11.03.2020 on the following grounds:

(i) That the Additional Deputy Commissioner, Basar, has no jurisdiction to issue