Failure to execute village authority's decision mandates compliance under the applicable legal framework.

SHAMIMA JAHAN J.

Heard Ms. T. Jini, learned counsel for the petitioner. Also heard Ms. R. Basar, learned Government Advocate appearing for the respondent No. 1 and Mr. I. Bam, learned counsel for the respondent No. 2.

2. This is an application under Article 227 of the Constitution of India read with Section 151 of the Cr.P.C., by which the petitioner has prayed for issuance of a direction to the respondent No.1 i.e. the Deputy Commissioner, Basar, Laparada District, Arunachal Pradesh to dispose of the execution proceeding pending in connection with Bango Level Keba (Keba for short) decision dated

16.09.2019.

3. The fact of the case is that in the month of September’ 2019, a complaint was filed by the respondent No. 2 before the Deputy Commissioner, Basar against the petitioner for mental harassment and physical assault alleged to have been committed by the petitioner. In pursuant to the complaint, the Deputy Commissioner, Basar appointed the Circle Head Gaon Bura as the Chairman of the committee and directed him to conduct a Bango Level Keba to decide the case. After hearing both the parties as well as the witnesses, the Chairman, on 16.09.2019, had decided, in terms of the decision of the majority of the Keba members, that both the parties should get divorced and none of the parties shall disturb each other ever. It was also decided that Gekir Ori shall identify the beaded neckless and the beaded Lisum and the same shall be given back to the respondent No. 2. It was also decided that a plot of land, measuring 824 Square Meter, which was gifted by the petitioner to the respondent No. 2, during the subsistence of marriage should be returned back to the petitioner. Furthermore, it was decided that the respondent No. 2 may collect all her belongings from the house of the petitioner. The said Keba decision was accepted by the petitioner and the respondent No. 2 and both of them had put their signatures on the same day.

4. On 19.09.2019, the Deputy Commissioner, Basar constituted a committee comprising of the Head Gaon Bura and Gaon Bura of 4 (four) numbers of villages to accompany the respondent No. 2 for collection of her personal belongings from the residence of the petitioner. The Deputy Commissioner also directed the Officer-in-Charge, Police Station to monitor the entire process of collection of the personal belongings by the respondent No. 2, by ensuring peace and order during the said collection.

5. On 24.09.2019, the respondent No. 2 had made a complaint before the Deputy Commissioner, Basar seeking for a direction that the Deputy Commissioner should not take up any application filed on behalf of the petitioner for transfer of the land until her articles were given back and in pursuance to the same, the petitioner also made an application before the Deputy Commissioner that the complaint of responder No. 2 is irrational and baseless and that the Deputy Commissioner may proceed with the transfer of the land to the petitioner. Thereafter, the Petitioner made a number of representations to the Deputy Commissioner for execution of the Keba decision, dated 16.09.2019. Since the said Keba decision has not been executed till date, the petitioner has filed this petition for execution of the said Keba decision.

6. Ms. Jini, learned counsel appearing before the petitioner has submitted, before this Court, that the Keba decision, dated 16.09.2019, was decided after hearing both the parties and the witnesses present therein, wherein, it was decided that both the parties would get divorced and that the ornaments of respondent No. 2 were to be given back to her and that the land, which was gifted by the petitioner to responder No. 2, was to be returned to the petitioner. She submitted that against the said Keba decision, no appeal was preferred before the Appellate Authority and that the decision of the Bango Level Keba had attained finality. She has also submitted that a number of times, representations were made to the Deputy Commissioner by