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GAHC040003442019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH) Case No. : CRP 14/2009
1:General Manger Region FCI and Anr.
G.S. Road Ulubari Guwahati
2: The Area Manager FCI dist. Officer North Lakhimpur VERSUS
1:M/S K.G.B. Enterprise and 5 ors.
represented by Sri Jarkar Gamli son of Sri B. Gamlin P.I. Colony Dist. West Siang 2:The Secretary Govt. of India Ministry of Consumer Affairs Deptt. of Food and Public Distribution Krishi Bhawan New Delhi
3:The Jont Secretary to Govt. of India Ministry of Consumer Affairs Food and Public Distribution Krishi Bhawan New Delhi
4:The Secretary Civil Supplies Govt. of A.P. Itanagar
5:The Director of Civil Supplies Govt. of A.P. Ita
6:The Deputy Commisioner Aalo West Siang Dist. AP Advocate for the Petitioner : Mr. P. K. Roy Advocate for the Respondent : Mr. D. Soki, Addl. Sr. G.A.
MrTony Pertin, for R. 1 BEFORE HONBLE MR. JUSTICE NANI TAGIA
ORDER
Date : 28-09-2021 Heard Mr. P. K. Roy, learned counsel for the petitioners. Also heard Mr. D.
Soki, learned Additional Senior Government Advocate representing the State respondent Nos. 4, 5 & 6 and Mr. T. Pertin, learned counsel for the respondent No. 1.
This Civil Revision Petition, filed under Article 227 of the Constitution of India, is directed against the Order, dated 26.03.2019, passed by the learned Additional District Judge, Fast Tract Court, Yupia, in Money Suit No. 05/2007, whereby, 2 (two) issues have been framed for determination of the Suit. The petitioner, apart from challenging the very jurisdiction of the Court of Additional District Judge, Fast Track Court, Yupia, to adjudicate the civil matters, has also contended that issues for determination in the Money Suit No. 05/2007 could not have been confined to only 2 (two) issues that have been framed but there ought to have been other issues framed as well.
On the above contentions raised by the petitioner, this Court by an Order dated 23.06.2009, had stayed the further proceedings in the M.S. No. 05/2007.
Mr. Pertin, learned counsel for the respondent No. 1, as well as Mr. Roy, learned counsel for the petitioner, have submitted that the Arunachal Pradesh Civil Courts Act, 2021, has now been enacted which has come into force w.e.f. 12.04.2021 and in terms of the said Act of 2021, the Civil Court competent to try the Money Suit No. 05/2007 would be the Court of Civil Judge (Senior Division), Aalo and, accordingly, the learned counsels appearing for the contesting parties have prayed for remanding the matter back to the Court of Civil Judge (Senior Division), Aalo, for adjudication of the Money Suit No. 05/2007 from the stage of framing of issues, after the impugned order, dated
26.03.2009, is set aside and quashed.
As agreed to by the learned counsels appearing for the parties, the M.S.
No. 05/2007 shall stand remanded to the Court of Civil Judge (Senior Division), Aalo, for its trial in accordance with law. Consequently, the impugned order, dated 26.03.2009, passed by the learned Additional District Judge, Fast Tract Court, Yupia, in Money Suit No. 05/2007, stands set aside and quashed.
As the LCR was not called for in this case, the Court of District Judge, Yupia, shall transmit the record of Money Suit No. 05/2007 to the Court of Civil Judge (Senior Division), Aalo, forthwith for its further adjudication; for which, the parties to the Suit shall appear before the Court of Civil Judge (Senior Division), Aalo, on 02.11.2021.
As the pleadings have been exchanged, the Civil Judge (Senior Division), Aalo, on receipt of the record of Money Suit No. 05/2007, shall proceed to adjudicate the matter from the stage of framing of issues in accordance with law.
The Civil Revision Petition stands disposed of in terms above.
JUDGE
