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MALASRI NANDI
Tojum Lollen, S/o. Lt. Nyato Lollen – Appellant
Versus
Dagmo Karbi, S/o. Lt. Yomdak Karbi – Respondent
JUDGMENT :
Heard Ms. T. Jini, learned counsel for the petitioner and Mr. K. Lollen, learned counsel appearing for the respondents No. 1 & 2.
2. The petitioner has filed an application under Section 115 read with Section 151 of the CPC praying for quashing of the impugned Porwanas dated 07.02.2023 and 09.02.2023 and the subsequent impugned Keba decision, dated 16.02.2023, passed by the Keba under the chairmanship of Head Gaon Burah (hereinafter referred to as HGB), Kombo Tarsu.
3. The factual matrix leading to filing of this revision petition is that the petitioner belongs to Kombo Pomte village. Kombo is a village situated at West Siang District. The village is divided into four sub-villages known as Kombo Pomte, Kombo Tarsu, Kombo Papak and Raglam. Though the village is divided into four sub-divisions, there is a community land, wherein the villagers of all the sub-villages have their respective agricultural fields and as such, the agricultural area does not fall under the jurisdiction of any sub-divisions but is under Kombo as a whole. All the four sub-villages have their own respective HGB and Gaon Burahs (GB) to look after their village administrative works and Keba proceedings.
4.
The need for documentary evidence in land disputes and the jurisdiction of Civil Courts in resolving such matters.
Not affording an opportunity to rebut claims of parties by allowing them to lead evidence either oral or documentary shall negate very foundation requirements of not only provisions but also lead to ....
The doctrine of Res Sub-Judice and the principle of natural justice, particularly the rule against bias, were central to the court's decision in setting aside the Kebang Notice and proceeding.
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