IMPORTANT POINT
The court ruled that the learned District Judge exceeded its jurisdiction by setting aside a village authority's decision and allowing a fresh plaint, which constituted a new suit.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. Bedanta Kaushik, learned counsel, appearing on behalf of the petitioners. Also heard Mr. Lissing Perme, learned counsel, appearing on behalf of the respondents.

2. The appellants by way of instituting the present proceeding, have assailed an order, dated 31.01.2022, passed by the learned District Judge, West Kameng District, Bomdila, in Civil Appeal No. 01/2021. The appellants have also challenged the institution of Title Suit No. 01/2022 and I.A. No. 10/2022, by the respondents, herein, before the Court of learned District Judge, West Kameng District, Bomdila, in terms of the liberty as granted vide the said order, dated 31.01.2022.

3. The brief facts requisite for the purpose of adjudication of the issues arising in the present proceeding, is noticed as under:

It is projected in the revision petition that some of the petitioners had on 10.08.2021, lodged a complaint before the Lis village authority that the respondent No. 1 had attempted to encroach upon their land measuring 1494 sq. mtrs. located at Tsaloama. A hearing was stated to have been held on 13.08.2021, and on hearing the parties, the Lis village authority had on 13.08.2021, declared that the land, in question, belonged to the petitioners, herein. It was also projected that in the said hearing that it was brought to the notice of the village authority that in the year 2003; the same dispute was raised by the father of the respondent and the dispute was settled in favour of the petitioners. It was contended that the decision of the Lis village authority, dated 13.08.2021, was duly certified in the certificate, dated 25.08.2021. It was further contended that after the declaration of the right, title and possession in favour of the petitioners on 13.08.2021, by the Lis village authority; some of the petitioners had on 14.08.2021, gone to the suit land to make some permanent boundary fencing. However, they were threatened therein by the respondent No. 1’s son and some of his friends.

The petitioners contend to have approached the Lis village authority and on such approach being made before the Lis village authority and the incident so occasioning on 14.08.2021, being brought to the notice of the village authority; the Lis village authority had suggested to the petitioners, herein, to approach the Dirang Tsopa. Accordingly, on 14.08.2021, two of the petitioners lodged a complaint before the Dirang Tsopa that after the decision taken by the Lis village authority and conveyed to the respondent No. 1, the respondent is not complying with the decision of the Lis village authority. A parwana, dated 26.08.2021, came to be issued by the Dirang Tsopa to the respondent No. 1 on the basis of the complaint made by some of the petitioners before it for a hearing on 29.08.2021. It is contended that after the hearing and on a physical visit to the disputed land; the members of the Dirang Tsopa passed an order, dated 29.08.2021, declaring the right over the land in dispute in favour of the petitioners, herein.

The respondent No. 1 being aggrieved by the order, dated 29.08.2021, instituted an appeal being Civil Appeal No. 01/2021 before the learned District Judge, West Kameng District, Bomdila, on the ground that the Dirang Tsopa had no jurisdiction to decide during the pendency of the proceedings before the Lis village authority which had the original jurisdiction to decide the issue. On receipt of the notice, the petitioners, herein, entered appearance in the appeal and filed their objections. Thereafter, the learned District Judge, West Kameng District, Bomdila, heard the mater and vide order, dated 31.01.2022, proceeded to set aside the decision of the Dirang Tsopa, dated 29.08.2021, holding it to have no original jurisdiction to decide the matter of other villages when there is already a village council for the village, in question, and the matter was pending before it. The learned District Judge, West Kameng District, Bomdila, further pr