LAWS(GAU)-2015-5-114

NABAM NIKUM Vs. STATE OF ARUNACHAL PRADESH

Decided On May 14, 2015
Nabam Nikum Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) All the writ petitions involving the same issue have been taken up having heard analogously and are being disposed of by this common Judgment & Order.

(2.) While in WP(C) No.422/2013 the prayer made is to set aside and quash the Notification dated 8.6.2010 (Annexure-V), in other 4(four) Writ Petitions, the challenge is to orders passed by the jurisdictional Deputy Commissioner on the appeals preferred by the petitioners against the decision of the Village Authority.

(3.) The issued falls for our consideration is as to whether by the impugned Notification dated 8.6.2010 of the Government of Arunachal Pradesh, all the Deputy Commissioners/Additional Commissioners could have been divested of their powers and jurisdiction to take up the trial of the cases, both civil and criminal including institution, till the Assam Frontier (Administration of Justice) Regulation, 1945 is suitably amended. Admittedly under the provisions of the said Regulation and depending upon the pecuniary jurisdiction, appeal lies to Deputy Commissioners/ Additional Deputy Commissioners against the decision of the Village Authorities. An embargo has been created with the issuance of the impugned Notification dated 8.6.2010 in terms of which the aggrieved party aggrieved by the decisions of the Village Authority has been rendered remedy less.