IMPORTANT POINT
The main legal point established in the judgment is the interpretation of the provisions of the Arunachal Pradesh Civil Courts Act, 2021 (as amended) and its impact on the jurisdiction of the Deputy Commissioner and his sub-ordinates in referring matters for decision by a Village Authority.

JUDGMENT :

K.R. Surana, J.

Heard G. Bam, learned counsel for the petitioner and Ms. P. Sangita, learned Govt. advocate appearing for respondent nos. 1 and 2. None appears on call for respondent no.3.

2. By filing this writ petition under article 226 of the Constitution of India, the petitioner has assailed the order dated 22.12.2022 passed by the Addl. Deputy Commissioner, Yachuli, Lower Subansiri District, thereby directing the petitioner and the respondent no.3 along with their respective two Head Gaonburah each to be present in the Neelam Village General Ground on 19.01.2023 at 9.00 hours for amicable settlement of the marital dispute between the petitioner and the respondent no.3. The Head Gaonburah of Yachuli and the Gaonburah of Dee Village were directed to oversee and supervise “Mel” proceedings and to submit the settlement report after completion of “Mel” proceedings.

3. The learned counsel for the petitioner has submitted that such a decision is contrary to the law laid down by this Court in the case of Registrar General, Gauhati High Court Vs. Union of India & Ors., 2013 (4) GLT 1109, which was passed by the Division Bench of this Court and it which was further followed by the Coordinate Bench of this Court in the case of Abu Maj Family Vs. The Addl. Deputy Commissioner, Nyapil & Anr., which was decided by order dated 13.02.2018, passed in WP(C) 181(AP)/2017.

4. It is submitted that on facts, the case of Abu Maj Family (supra), is similar to the present case in hand. For the sake of convenience, the said order is quoted below:

1. These 2(two) writ petitions under Article 226 of the Constitution of India, have been preferred by the petitioners, praying for issuance of an appropriate writ and/or order and/or direction, for quashing the impugned orders dated 24.01.2017, 28.02.2017 and 23.03.2017 passed by the Respondent No. I viz. Addl. Deputy Commissioner, Nyapin, wherein and whereby the said Addl. Deputy Commissioner had directed the petitioners in these writ petitions and the private respondents to appear before a Kebang/Mel constituted to preside over the land dispute between the parties on 30.01.2017, 15.03.2017, and 13.04.2017, respectively, at the Me/Hall of the Addl. Deputy Commissioner, Nyapin.

2. Heard Mr. Tadup Tana Tara, learned counsel appearing on behalf of the petitioner in WP(c)181(AP)2017, and Mr. Tai Shiva, learned counsel, appearing on behalf of the petitioner in WP(c)193(AP)2017.

Also heard Ms. Goter Ete, learned Addl. Senior Government Advocate, appearing on behalf of State Respondent No. 1 and Mr. Khoda Tama, learned counsel, appearing on behalf of private Respondent No. 2 in the 2(two) writ petitions.

3. It is submitted by both the learned counsels appearing for the petitioners and the private Respondent No. 2 that in view of the Judgment passed by this Court in the case of Registrar General, Gauhati High Court v. Union of India & ors., reported in 2013(4)GLT 1109, wherein it has been held that the Deputy Commissioner and his sub-ordinates no longer have the power to take-up disputes relating to civil matters, the impugned orders dated 24.01.2017, 28.02.2017 and 23.03.2017 passed by the Respondent No. 1 viz. Addl. Deputy Commissioner, Nyapin, may be quashed and set aside so that the parties may approach the appropriate forum for resolving their disputes.

Paragraphs No. 13, 14 and 15 of the Judgment, referred to above, reads, as follows:

"13. We now take up the issue in relation to the State of Arunachal Pradesh.

The Arunachal Pradesh Judicial Service Rules, 2006 have been promulgated by the State of the Arunachal Pradesh constituting judicial service. Selection, appointment and posting of officers have taken place against almost all the sanctioned posts. Courts have been duly constituted and are functioning. Vide Central Laws (Extension to Arunachal Pradesh) Act, 2007, CPC has been made applicable to the State of Arunachal Pradesh. Vide notification dated 24.10.2011, CrPC has been made applicable t