GAHC040007202025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

(ITANAGAR BENCH) Case No. : CRP/44/2025 Yangbiu Raju Son of Shri Late Yangbiu Tajik, resident of Chimpu Village, PO RK Mission, PS Chimpu, ICR, Papum Pare District, Arunachal Pradesh.

VERSUS Biri Tabiak and 5 Ors S/o W/o Late Biri Takia, resident of Chimpu, PO RK Mission, PS Chimpu, ICR, Papum Pare District, Arunachal Pradesh. 2:Tana Kuli HGB Age: 0 Occupation :

Head Gaon Burah of Chimpu Village PO RK Mission PS Chimpu ICR Papum Pare District Arunachal Pradesh.

3:Gyamar Sikap Age: 0 Occupation :

Member Secretary Boundary Negotiation Committee Chimpu PO RK Mission PS Chimpu ICR Papum Pare District Arunachal Pradesh.

4:Nabam Nikhi HGB Age: 0 Occupation :

Head Gaon Burah of Hollongi Village PO and PS Balijan Papum Pare District Arunachal Pradesh.

5:Nguri Kyokam Age: 0 Occupation :

resident of Chimpu PO RK Mission PS Chimpu ICR Papum Pare District Arunachal Pradesh.

6:Nguri Tariak Age: 0 Occupation :

resident of Chimpu PO RK Mission PS Chimpu ICR Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Sumit Chhetri, T Lampung,Tai Dool Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG

ORDER

Date : 15.05.2025 Heard Mr. S. Chhetri, learned counsel for the petitioner.

By filing this petition under Article 227 of the Constitution of India read with section 151 of the Code of Civil Procedure, 1908, the petitioner is assailing the impugned order dated 11.02.2025 passed by the EAC cum Executive Magistrate, Capital Itanagar on the ground that the EAC cum Executive Magistrate has exercised a jurisdiction not vested in it by law.

Issue notice returnable by 4(four) weeks.

Call for the record of the Case. DC-ICC 17013/33/2024-JUD.

The petitioner shall take steps upon the respondent by registered post with A/D as well as by usual process within a week from today.

In the meantime, the operation of the impugned order dated

11.02.2025 passed by the EAC cum Executive Magistrate, Capital Itanagar shall remain stayed till the next returnable date.

List the matter after 4(four) weeks.

JUDGE Comparing Assistant