ORDER

04.08.2022 Date :

Heard Mr. D. Panging, learned counsel for the petitioner. Also heard Mr. G.

Riba, learned counsel for the respondents.

2. This Civil Revision Petition is directed against the notice/order dated 02.12.2021, issued by the Office of Kra-Daadi District Unit Gaon Burah and Gaon Burish Welfare Association, wherein, it is stated that the dispute over ‘Hepu’ land has been transferred to that Office and that no person is allowed to take natural materials and vegetation from the land till settlement of the case.

3. The factual background leading to filing of this petition is briefly stated as under:-

“There was a land dispute between the petitioner and the respondent No. 1 in respect of a plot of land, which is known as ‘Hepu land’. Thereafter the petitioner approached the Gaon Bura of Jakshi Tara village to settle the dispute. But, the Gaon Bura of Jakshi Tara village, instead of holding a Mel to settle the dispute between the petitioner and the respondent No. 1, referred the matter to “All Chambang Area Gaon Bura Welfare Association”. Thereafter, the petitioner, not being aware of the legal position about the lack of jurisdiction of “All Chambang Area Gaon Bura Welfare Association” to try the dispute, attended the Mel conducted in the month of November, 2013. But, in the said Mel no decision could be arrived at regarding the ownership of the land, since the land was continuously in a possession of the petitioner, and he continued using the said land for agricultural and other purposes. But, to his utter shock, he received one notice dated 02.12.2021, from the President of “Kra-Daadi District Units Gaon Bura and Gaon Burish Welfare Association”, wherein, it was stated that since the dispute between the petitioner and the respondent No. 1 regarding the ownership over ‘Hepu” land could not be resolved by “All Chambang Area Gaon Bura Welfare Association” vide letter dated 30.12.2021, to office of the “Kra-Daadi District Units Gaon Bura and Gaon Burish Welfare Association”, and accordingly the land would remain under the control of the Office of “Kra-Daadi District Units Gaon Bura and Gaon Burish Welfare Association” from 04.12.2021, and no persons were allowed to take natural material and vegetation from the land till settlement of the case and a fine of Rs.50,000/-(Rupees Fifty Thousand) only would be imposed upon the violators of the notice dated 02.12.2021. As the Assam Frontier (Administration of Justice) Regulation, 1945, does not contemplate an association of members of village authorities to try any suit the impugned notice/order issued by the so called “Kra-Daadi District Units Gaon Bura and Gaon Burish Welfare Association” is illegal and wholly without jurisdiction and liable to be interfered. Therefore the petitioner approaches this Court by filing the present petition.”

4. Mr. D. Panging, learned counsel for the petitioner submits that conferment of jurisdiction is a legislative function and it can neither be conferred with the consent of the parties nor by a superior Court and if any order is passed without any jurisdiction, it would amount to a nullity as the same goes to the root of the matter. Mr. Panging further submits that the Assam Frontier (Administration of Justice) Regulation, 1945, confers civil jurisdiction upon the village authority appointed by the Deputy Commissioner for such village or villagers as he may specify. But, it does not confer any jurisdiction upon an association of members of village authorities. Mr.Panging, further submits that in view of the provision of the Assam Frontier (Administration of Justice) Regulation, 1945, and also in view of the Arunachal Pradesh Civil Courts Act, 2021, the association of Gaon Bura’s and Gaon Buris have no power to try the civil matters and as such the impugned notice/order is non-est in law, and therefore, it is contended to quash the same and to grant liberty to the respondents to approach appropriate authority as provided in the Arunachal Pradesh