JUDGMENT

Date : 24-02-2020 Heard Mr. N. Ratan, learned counsel for the appellants. Also heard Mr. S. Tapin, learned Senior Govt. Advocate for the respondent Nos. 1 & 2 as well as Mr. R. Saikia, learned counsel for the respondent Nos. 3 to 6.

2. This appeal has been filed by the Head Gaon Burah, Darka-III as the appellant No. 1 and one Sh. Pegam Ete as the appellant No. 2, against the judgment & order dated 12.12.2019 passed by the learned Single Judge in WP(C) No. 310(AP)/2018, by which the writ petition was allowed.

The learned Single Judge vide the impugned judgment has set aside the order passed by the village authority Ex-Communicating the respondent Nos. 1 to 4/writ petitioners and their family members from the village Darka-I and Darka-II and imposed exemplary cost of Rs. 20,000/- on the respondent Nos. 5 & 6.

3. The brief facts of the case is that the respondent No. 1 lodged a complaint with the Head Gaon Burahs of Darka-I and Darka-II against the appellant No. 2, on the ground that the appellant No. 2 was encroaching upon the “Guar land” of the respondent No. 1 by excavating the land. Thereafter, the respondent No. 1 apparently re-erected the damaged fencing of the land. As th