Smti Yomter Geyi and Anr v. Smti Ligang Dumi and 2 Ors

ORDER Date : 02-09-2024 This is a common order for these 2(two) items.

Heard Mr. O. Modi, learned counsel for the petitioner in CRP 11

(AP)/2024 and Mr. K. Lollen, learned counsel for the petitioner in CRP 26 (AP)/2024. Also heard Mr. S. Tapin, learned counsel for the respondent.

The Head Goan Burah of Model Village, Naharlagun had issued noticed to the petitioners in respect of Mel. The petitioners had received the notice and had attended the Mel on one occasion and Page No.# 4/5 subsequently, on the next Mel they did not appeared, therefore ex-parte judgment were passed against the petitioner.

Learned counsel for the petitioner has pointed out that provision of Section 44(4) of the Assam Frontier (Administration of Justice) Regulation (Amendment) Act, 2023 has no provision for passing an ex-parte order. The learned counsel has further pointed out that according to the Assam Frontier (Administration of Justice) Regulation (Amendment) Act, 2023, it has been mandated that before passing an ex-parte order, 3(three) consecutive adjournment should be granted. The learned counsel for the respondent has also agreed to that provision of law.

After hearing the learned counsel for both the sides, this Court is of the opinion that the petitioners deserve to given an opportunity of contesting before the Head Goan Burah. Therefore, the impugned ex-parte orders dated 18.07.2023, passed by the Head Goan Burah, Model Village, Naharlagun, Arunachal Pradesh are set aside. The case is remanded to the village Goan Burah for deciding afresh after hearing both the sides.

It is further directed that parties to the dispute before the village Goan Burah shall maintain status quo in respect of the suit land. It is also clarified that no construction works should be done Page No.# 5/5 and no third party right shall be created in respect of the said suit land without the permission of the village Goah Burah. It is further directed that the village Goah Burah shall decide the matter within a period of 3(three) months from receipt of certified copy of this order.

With the aforesaid direction, both the Civil Revision Petition is disposed of.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC040009932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP/26/2024 1.Smti Yomter Geyi and Anr Age: 40 Address:Wife of Shri Minli Geyi a permanent resident of Village Liru PO and PS Likabali Lower Siang District Arunachal Pradesh and presently residing at Barapani 2: Karba Ngomdir Age: 30 Address:Son of Shri Jumkar Ngomdir a permanent resident of Village Beye PO and PS Aalo West Siang District Arunachal Pradesh and presently residing at TN Apartment near Nyokum Lapang Ground PO and PS Itanagar VERSUS Smti Ligang Dumi and 2 Ors Page No.# 2/5 Address:Wife of Late Mudang Riko a resident of A Sector Naharlagun 2:Taba Takar Address:Son of Shri Taba Tesi a permanent resident of Model Village 3:Smti Taba Rinya Address:Wife of Shri Taba Takar a permanent resident of Model Village ------------ Advocate for : Kemo Lollen Advocate for : Subu Tapin appearing for Smti Ligang Dumi and 2 Ors With Case No. : CRP/11/2024 Taba Takar Age: 39 Address:Son of Taba Teshi resident of Model village Naharlagun Page No.# 3/5 VERSUS Ligang Dumi Address:Wife of Late Ligang Riko resident of A Sector Naharlagun ------------ Advocate for : Orin Modi Advocate for : Subu Tapin appearing for Ligang Dumi BEFORE HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA