Incorrect filing jurisdiction invalidates court order and suspends its operation.

ORDER

27.06.2025 Heard Mr. D Kamduk, learned counsel for the petitioner as well as Ms. K Wangmo, learned Government Advocate. This is a petition filed challenging the order dated 10.05.2025 passed by the Inter-Village Territorial Customary Court, Basar, Arunachal Pradesh, mainly on the ground that the said Customary Court, Basar has no jurisdiction to pass the said order. The petitioner has also challenged the order dated 24.03.2025 issued by the Circle Officer, Sago whereby he has directed the District Customary Court of Basar to conduct the Village Level, Keba instead of directing the Sago Circle to conduct the same. The counsel appearing for the petitioner states that both the petitioner and the respondents are inhabitants of Sago village within the Sago Circle. He stated that both resides within Sago village, and the Keba decision was passed by the village authority of Sago village. However, the appeal by the agreed party was filed before Inter-Village Territorial Customary Court, Basar, which has no jurisdiction according to the learned counsel.

Issue notice to respondent No. 2. Since Ms. K Wangmo, learned Government Advocate appears for respondent No. 1, no formal notice is required. However, extra copies may be served upon her during the course of the day.

By virtue of amendment to Section 24 of Assam Frontier Administration of Justice (Amendment) Act, 2023, it is provided that any party aggrieved by the decision of the village authority may file an appeal within 30 days before the Inter-Village Territorial Customary Court or Apex Customary Court, by whatever named called, and the said Court on receipt of such appeal shall dispose off the case. However, in the instant case, it is noticed that the agrieved party instead of filing the appeal before the Inter-Village Territorial Customary Court of the said Sago Circle, they filed it before the Inter-Village Territorial Customary Court of Basar, which is not according to the law. As such, this Court in the interim on a prima facie examination of the aforesaid issue suspends the operation of the Keba decision dated 10.05.2025 passed by the Inter-Village Territorial Customary Court, Basar till the next returnable date.

List the matter after 3 (three) weeks.