LAWS(GAU)-2024-1-99

TADAR TARUNG Vs. KRIPA CHACHOK (PI)

Decided On January 10, 2024
Tadar Tarung Appellant
V/S
Kripa Chachok (Pi) Respondents

JUDGEMENT

(1.) Heard Mr. T Shiva, learned counsel for the petitioners. Also heard Mr. K. Tama, learned counsel for the respondents.

(2.) The petitioners Sri Tadar Tarung and Tadar Takia have filed this application under Article 227 of the Constitution of India read with Sec. 115 of the Code of Civil Procedure, 1908 (CPC for short) praying for setting aside and quashing the impugned civil proceedings of Title Suit No. 06/2018 and the two impugned orders dtd. 17/7/2019 passed by the learned Civil Judge (Senior Division)- cum-Chief Judicial Magistrate Ziro, Lower Subansiri district, Arunachal Pradesh. Both the petitioners are informants who have lodged the FIR dtd. 25/6/2017 against the accused/respondents No. 1 to 6 herein.

(3.) The FIR unfolds that on 24/1/2017 the present petitioners on behalf of Leyang village lodged a complaint with the ADC Nyapin against Shri Tadar Gari and Shri Tadar Tania of Panung village for settlement of land dispute of Darch- Hagam, Rayar and Langdo lands. The ADC Nyapin in accordance with the provisions of Assam Frontier (Administration of Justice) Regulation, 1945 (AFR for short) passed an order by appointing different PIs, HGBs and GBs as Supervisors and Judges respectively. Accordingly, the Mel proceedings (local case) was held on 30/1/2017 and 15/3/2017 at ADC's office Mell hall, Nyapin, but, the appointed Supervisors and Judges were unable to settle the land dispute between the parties. Therefore, another Mel proceeding was fixed on 10/4/2017 at the ADC's office Mell hall, Nyapin. These Mel proceedings were set aside by this Court and the land dispute between the parties has been pending before this Court.