Nyabi Jini Dirchi v. Henken Basar and 2 Ors

ORDER Date : 05.01.2024

Heard Mr. T. Kamchi, learned counsel for the petitioner. Also heard Mr. B. Nyaruce, learned counsel appearing for all the respondents.

¶2By filing this application, the petitioner has challenged the Porwana (Notice) dated 27.03.2023, passed by the Head Gaon Burah-Cum-GBWS President Leparada District, Arunachal Pradesh, whereby, the Keba has been constituted and the parties were directed to appear before the said Keba with their respective witnesses and evidence consequent to the complaint filed by one Shri Iken Basar, Shri Toni Basar and all the youths of Gori village against the petitioner.

¶3The primary contention of the petitioner is that the Head Gaon Burah who has issued the impugned Porwana (Notice) on 27.03.2023 has no jurisdiction to issue such Porwana as he is the Head Gaon Burah of Soi village and the President of Gaon Burah Welfare Society, Leparada, whereas, the complaint is by the respondents and others from Gori village having separate Head Gaon Burah for the said Gori village. Therefore, the Porwana (Notice) issued by the Head Gaon Burah is without jurisdiction and be set aside and quashed.

¶4Mr. B. Nyaruce, learned counsel appearing for the respondents fairly submits that since the complainants are from Gori village the jurisdiction lies with the Head Gaon Burah of Gori village and not Soi village. Admittedly the Page No.# 3/3 Head Gaon Burah who had issued the impugned Porwana is from Soi village. Therefore, he fairly conceded that the Head Gaon Burah of Soi village has no jurisdiction to issue such Porwana by constituting the Keba for settlement of the disputes in respect of the Gori village.

¶5Having considered the submissions of the learned counsel for the parties and on perusal of the impugned Porwana, I find that the impugned Porwana (Notice) dated 27.03.2023 has been issued by the Head Gaon Burah of Soi village and the dispute sought to be settled is in respect of Gori village which appears to has been issued without jurisdiction.

¶6Thus, the impugned Porwana (Notice) dated 27.03.2023 is not sustainable being without jurisdiction. Accordingly, on consensus the impugned Porwana (Notice) dated 27.03.2023 is hereby set aside and quashed. However, the parties are at liberty to approach the Jurisdictional Head Gaon Burah for settlement of disputes.

¶7With the above direction, this Civil Revision Petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC040004702023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP/16/2023 Nyabi Jini Dirchi W/o Shri Ikar Dirchi, Village Pajo, PO/PS Basar, District Leparada, Arunachal Pradesh. VERSUS Henken Basar and 2 Ors. HGB cum GBWS President, Leparada District, Village Soi, PO/PS Basar, District Leparada, Arunachal Pradesh. 2:Iken Basar Age: 0 Occupation : 3:Toni Basar Age: 0 Occupation Advocate for the Petitioner : T T Tara Advocate for the Respondent : Rajesh Sonar Page No.# 2/3 BEFORE HONBLE MR. JUSTICE KARDAK ETE