Yang Perme v. Genkeng Tayeng

Page No.# 1/2 GAHC040016532024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP/54/2024 Yang Perme Ayeng Village, PO and PS Mebo, East Siang District, Arunachal Pradesh. VERSUS Genkeng Tayeng Ayeng Village, PO and PS Mebo, East Siang District, Arunachal Pradesh. Advocate for the Petitioner : H K Jamoh, Eddie Payeng Advocate for the Respondent : ,

-BEFORE-HON'BLE MR. N. UNNI KRISHNAN NAIR

02.12.2024 Heard Mr. T. Pertin, learned counsel for the petitioner. The present revision petition is directed against an order dated

12.01.2024 issued by the Additional Deputy Commissioner as well as the impugned decision pronounced by the Gaon Burahs and Village Secretary on 03.11.2024 granting permission to hold village Kebang between the petitioner and the sole respondent, herein. It is the case of the petitioner herein that the issue involved was Page No.# 2/2 already resolved by the earlier Kebang decision on 16.12.20219 and accordingly, a fresh Kebang on the same issue would not be called for. However, the materials brought on record in the present petition also contains an order dated 13.12.2023 passed by this Court in CRP 21 (AP) 2023, wherein, the dispute relating to the land in question was held to have not been settled and liberty was granted to the parties to approach the appropriate forum i.e. either the customary Court or the Civil Court having jurisdiction for settlement. In view of the said conclusion of this Court in the order dated

13.12.2023 that the dispute between the parties is not yet settled, at this stage, it would be difficult for this Court to accept the submissions made by Mr. Pertin in the matter. After arguing at some length, Mr. Pertin, learned counsel for the petitioner submits, on instruction, that he may be permitted to withdraw the present petition. Permission is granted. Revision petition stands dismissed on withdrawal with liberty to the petitioner to file appropriate application, in accordance with the law, as may be advised.

JUDGE

Comparing Assistant