KIRRI DINI BOGUM Vs. JAMAR KARLO

JUDGEMENT

(1.) Heard Ms. D. Tamuk, learned counsel for the petitioner and Mr. G. Bam, learned counsel for the sole respondent.

(2.) By filing this application under Article 227 of the Constitution of India, the petitioner has assailed the order, dtd. 23/3/2022, bearing No.LKB/JK/46-09/2018/75-II passed by the Deputy Commissioner, Lower Siang District, Likabali, whereby the claims of the petitioner has been rejected by upholding the various Keba decisions including the Banggo Level Keba decision dtd. 30/5/2018 and on the ground of delay of 12 years.

(3.) Leaving aside the unnecessary facts, the case of the petitioner in short is that in the year 2018, the petitioner on coming to know that the sole respondent has been claiming the ownership over the plot of land which belonged to the petitioner and his family and also the Keba decision dtd. 19/6/2006 and various other Kebas were held in respect of the petitioner's land in absence of the petitioner and his family members and without the knowledge of the petitioner's late father or any of his family member, between the sole respondent and other individuals in respect of the petitioner's plot of land inherited from his father, the petitioner had filed a complaint on 11/4/2018 before the Deputy Commissioner, Lower Siang District, Likabali against the sole respondent for illegally grabbing his plot of land. Accordingly, a Keba was conducted on 30/5/2018 to decide the ownership over the disputed land. In the said Keba, no concrete conclusion could be arrived at on the ground, that 3 local Keba had already been conducted over the same plot of land and the case had also been filed before the Hon'ble High Court with regard to the same land and the Hon'ble High Court has decided the said case in favour of the respondent's late father and the Magistrate has also countersigned and the same has risen after a period of 12 years. Accordingly, the matter was referred to the Magistrate since the Keba members were unable to take a fresh decision. Thereafter, the matter was taken up for hearing by the Deputy Commissioner, Lower Siang District, Likabali on 23/3/2022 and came to the conclusion that there already exists previous Keba decisions bearing order No. LBK/JK- 01/99/344, dtd. 19/6/2006, JMSC Order No. LKB/CR-01/08/260, dtd. 1/8/2008 and the Hon'ble High Court vide order, dtd. 15/6/2011 passed in CRP 28 (AP) 2008 in favour of the respondent and that the claims of the petitioner cannot be admitted after a period of 12 years. Accordingly, the Keba decision, dtd. 30/5/2018 was up-held in view of the earlier Keba decisions, as stated above. Hence, this present petition, assailing the order dtd. 23/3/2022 passed by the Deputy Commissioner, Lower Siang District, Likabali.