ORDER

Date : 01-08-2022 Heard Mr. A. Apang, learned senior counsel for the petitioners and Mr. S. Tapin, learned senior Government Advocate for the State respondents.

2. This writ petition is directed against the order dated 29.07.2022, passed by the Additional District Magistrate, Upper Siang District, Tuting, under Section 145 Cr.P.C, whereby, the illegal boundary pillar erected by the member of Bogun Bokang Welfare Society, the petitioners herein, has been directed to be removed apart from prohibiting development of any new structures, new land development and new clearing of forest land by members of both the Bogun Bokang Welfare Society and villagers of Kopu village in the entire stretch of disputed land from Sikut River to Sipo River and from River Siang to Hichak mountain top till the final outcome of the case.

3. From the impugned order dated 29.07.2022, as would be evident from the order itself, there appears to be a land dispute between the Bogun Bokang Welfare Society and villagers of Kopu village. The Bogun Bokang Welfare Society appears to have erected a boundary pillar purportedly on the basis of a Kebang order dated 15.10.2015, against which order, the villagers of Kopu had preferred an appeal dated 16.10.2015, before the Additional Deputy Commissioner, Tuting. It was in the light of the appeal dated 16.10.2015, filed by the villagers of Kopu, pending against the Kebang order dated 15.10.2015 before the ADC Tuting, the impugned order dated 29.07.2022 under Section 145 Cr.P.C. came to be passed by the Additional District Magistrate, Upper Siang District, Tuting.

4. The petitioners while assailing the order dated 29.07.2022 passed by the Additional District Magistrate, Upper Siang District, Tuting, under Section 145 Cr.P.C., has prayed for a direction to the Additional Deputy Commissioner, Tuting to dispose of the appeal dated 16.10.2015, stated to be pending before the Additional Deputy Commissioner, Tuting, with a further prayer for staying the impugned order dated 29.07.2022, passed under Section 145 by the Additional District Magistrate, Upper Siang District, Tuting.

5. Having regard to the limited nature of relief sought for by the petitioners to dispose of the appeal dated 16.10.2015 by the Additional Deputy Commissioner, Tuting, as finds mentioned in the impugned order dated 29.07.2022, passed under Section 145 by the Additional District Magistrate, Upper Siang District, Tuting and with the consent of the learned counsel appearing for the parties, this writ petition is disposed of at the stage of motion hearing itself.

6. Accordingly, the writ petition stands disposed of with a direction to the respondent no. 2, The Additional Deputy Commissioner (ADC), Tuting, Upper Siang District, Arunachal Pradesh, to dispose of the appeal dated 16.10.2015, stated to be filed by the villagers of Kopu against the Kebang decision dated 15.10.2015, if the respondent no. 2, The Additional Deputy Commissioner (ADC), Tuting, Upper Siang District, Arunachal Pradesh, is competent under the law to dispose of the aforesaid appeal, after hearing both the parties in the appeal. The direction given to the respondent no. 2, The Additional Deputy Commissioner (ADC), Tuting, Upper Siang District, Arunachal Pradesh, to dispose of the appeal, dated 16.10.2015, has been qualified by a condition aforesaid for the reason that the Additional Deputy Commissioner (ADC), Tuting, Upper Siang District, Arunachal Pradesh, under the law applicable as on today may not be competent to take up and decide the appeal dated 16.10.2015 because of the change in law and circumstances. The respondent no. 2, the Additional Deputy Commissioner (ADC), Tuting, Upper Siang District, Arunachal Pradesh, shall therefore, decide as to whether he would be competent under the law to adjudicate the appeal dated 16.10.2015, filed by the villagers of Kopu against the kebang decision dated 15.10.2015, as early as possible and in any case, not later than 2 (two) weeks from the da