Disposed

Shri Monya Nyori v. the State of A.P.

Gauhati HC9 Dec 2019CRP/37/2018

Case brief

AI extract

What is this about?

The Gauhati High Court expedited a civil revision petition regarding land disputes. Instead of deciding on merits, the court directed the petitioners to approach the appropriate appellate authority under The Assam Frontier (Administration of Justice) Regulation, 1945, within fifteen days to dispose of the matter. This avoids potential financial loss due to delays in construction by the respondents

What did the court decide?

Directed petitioners to approach the appropriate appellate authority under The Assam Frontier (Administration of Justice) Regulation, 1945 within fifteen days; the petition stands disposed.

Shri Monya Nyori Vs the State of A.P. — Gauhati HC (2019) — LawSathi Research

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Page No.# 1/3

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GAHC040001382018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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CRP 37/2018

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1:SHRI MONYA NYORI S/O LT. RIMO NYORI PERMANENT RESIDENT OF RILU VILLAGE PO DARING PS BASAR LOWER SIANG DIST. AP. PHONE NO. 8974917480

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2: SHRI MOMAR NYORI /O LT. RIMO NYORI PERMANENT RESIDENT OF RILU VILLAGE PO/PS DARING PS BASAR LOWER SIANG DIST. AP. PHONE NO. 9402656830 VERSUS

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1:THE STATE OF A.P.

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TO BE REPRESENTED BY THE CHIEF SECRETARY GOVT. OF AP ITANAGAR.

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2:THE DEPUTY COMMISSIONER LIKABAI LOWER SIANG DIST. AP.

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3:THE ADDITIONAL DEPUTY COMMISSIONER BASAR LOWER SIANG DIST.A P.

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4:THE CIRCLE OFFICER DARING CIRCLE LOWER SIANG DIST. AP.

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5:SHRI CHAMSEN NYORI S/O LT. MICHAM NYORI PERMANENT RESIDENT OF RILU VILLAGE PO DARING PS BASAR LOWER SIANG DIST. AP.

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Advocate for the Petitioner : MrT Don Advocate for the Respondent : MR.K Eshi

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BEFORE HONBLE MR. JUSTICE HITESH KUMAR SARMA

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JUDGMENT

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Date : 09-12-2019

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Heard Mr. G. Riba, learned counsel for the petitioner as well as Mr. D. Kamduk, learned counsel for the respondent No. 5. None appears for the state/respondents.

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By this petition, the petitioners have challenged the impugned order, dated 10.8.2018, passed by the Additional Deputy Commissioner, Lower Siang district, Basar (now Leparada district) imposing upon the respondent No. 5/Sri Chamsen Nyori to compensate with a local valuable brass plate (Barte) to Sri Memar and Monya Nyori and also impose a fine for Rs. 2,000/- for violating the keba decision, dated 6.2.2018.

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After hearing the learned counsel for the parties, the learned Additional Deputy Commissioner, vide the impugned order dated 10.8.2018, upheld the aforesaid Keba decision finding no error therein. The order challenged before the Additional Deputy Commissioner, upon which, he had passed the order dated 10.8.2018, was against the Keba Decision dated 6.2.2018.

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Now, the petitioners have come up with the present petition before this court challenging both the decisions i.e. Keba decision as well as the decision rendered by the Additional Deputy Commissioner, referred to above.

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Learned counsel for the petitioner, on a pointed query, during the interaction in the open court, has submitted that in accordance with the provisions of The Assam Frontier (Administration of Justice) Regulation, 1945 no appeal has been preferred against the keba decision. However, he has submitted that since he did not consider this to be a keba decision in terms of the meaning of “Keba”, he filed an application under Section 145 of the Cr.PC before the learned Additional Deputy Commissioner, Basar. However, from the documents annexed with the petition, it appears that the decision subjected to challenge before the learned Additional Deputy Commissioner and disposed of vide the impugned order, dated 10.8.2018, is a Keba Decision. However, this view is tentative and without entering into the merit of the petition/case. The Additional Deputy Commissioner or the appellate authority under the aforesaid Act shall look into this aspect if the same issue is raised before it by the petitioners in view of the decision to be followed in the subsequent paragraphs of this order. After hearing learned counsel for parties, and on consensus, this court proposes to pass the order as indicated below.

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The petitioners shall approach the appropriate appellate authority under the The Assam Frontier (Administration of Justice) Regulation, 1945 within 15 (fifteen) days from today with an appeal, and, on filing of the appeal, the petitioners shall provide a copy of the appeal memo and the documents to be furnished therewith to the respondents within 3 (three) days. Thereafter, both the parties shall appear before the appellate authority within next 7 (seven) days, even before they receive the notice, which the appellate authority shall record

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in the case file, and thereafter, the appellate authority shall dispose of the appeal under the aforesaid Regulation within 1 (one) month.

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Both the parties have agreed that they will not raise the issue of delay in filing the appeal, and therefore, this court has condoned the delay, in preferring the appeal to be filed, by this order.

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The order is made, as indicated above, by fixing various dates for various stages for the reasons that the learned counsel for the respondents has submitted that he has already collected materials for construction over the land, involved in this case. Delay in disposal of the appeal may result in financial loss to him. Accordingly, the above order, on consensus, is passed. The petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Shri Monya Nyori v. the State of A.P.

Case brief

What is this about?

What did the court decide?

Shri Monya Nyori v. the State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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