JUDGMENT :

1. Heard Mr. T. T. Tara, learned counsel for the petitioners. And also heard Mr. T. Pertin, learned counsel for the respondents.

2. In this petition, filed under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 (here-in-after referred as ‘the AFR, 1945’), read with Section 115 of the Code of Civil Procedure, four petitioners, namely Shri Imo Lollen and three others prayed for setting aside and quashing the judgment and order, dated 31.07.2017, passed by the learned Dy. Commissioner, Aalo, West Siang District, in connection with the Case No.WS/JK/TS-280/2017.

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

“The respondent Horjum Lollen had lodged a complaint before the Head Gaon Burha (HGB) Kombo Tarsu to the effect that the opposite party (the petitioners herein) had forcibly entered into his land Nyoli Tangom Nipro area, with the intention of occupying the said land and erected stone boundary pillars. Thereafter, on the basis of the said complaint, a keba was conducted against the illegal and forceful occupation of the respondents. Thereafter, hearing the parties, on 08.02.2017 and 09.02.2017, the village authority has decided as under:

“(i) After careful study by examining the history of the Nyoli Tangom Nipro land, the keba members came into conclusion that the grandparents of Late Hogmo-Hokpak was advanced to live there. However, they recognized the upper area of uncultivated land as land of Dagde-Dagayi clan though cover the area together. Accordingly, the upper area was declared in favour of Dagde-Dagayi clan, as the Dagde-Dagayi families had constructed camps during the Chinese aggression. It is also found that they constructed hut one or two times. Further, it could not be proved that Nyoli Tangom Nipro land is a part of Haro family.

(ii) The lower part of Nyoli Tangom Nipro land area was occupied by Hogmo-Hokpak and Mod Lollen. As such it was decided the lower part of disputed area in favour of Horjum Lollen.

(iii) It is also decided that the keba members will demarcate the boundaries of Nyoli Tangom Nipro land by conducting spot verification.

(iv) Today’s case was not against Nyoli Tangom area”.

4. Being highly aggrieved by the aforesaid decision of Keba, the respondent has preferred an appeal before the learned Deputy Commissioner, Aalo. Then, after hearing both the parties and also perusing the materials on record, the Dy. Commissioner, Aalo had found that the Nyoli Tangom Nipro land is continuously under the ownership and possession of Late Mod Lollen and Sri Horjum Lollen and therefore, the learned Dy. Commissioner, Aalo has set aside and quash the keba decision of the village authority of Tarsu village dated 08.02.2017 and 09.02.2017, for the interest of Natural Justice and awarded the Nyoli Tangom land to Sri Horjum Lollen.

5. Being aggrieved, the petitioners approached this Court by filing the present petition on the ground:-

(i) That, the judgment and order dated 31.07.2017, suffers from manifest illegalities, as it was passed without following due process of law.

(ii) That, the impugned judgment and order has been passed on the basis of a manufactured and unauthentic piece of paper, produced by the respondent No.1 and as such the impugned order is not tenable in the eye of law, as the same was passed on relative consideration.

(iii) That, while deciding the matter, the learned Dy. Commissioner, Aalo has not afforded reasonable opportunity of presenting the case of the petitioners, as provided under Section 46 of the AFR, 1945 and he has also not recorded any evidence and decided the matter in most illegal and irregular manner.

(iv) That, the Keba decision dated 08.02.2017, and 09.02.2017, was passed under the supervision of the Head Gaon Burha at one voice of the Keba members of the Kombo area, who are acquainted with the history of the case and the learned Dy. Commissioner, Aalo has set aside the same illegally and arbitrarily, o