LAWS(GAU)-2017-12-110

KARMAR DOJI Vs. TOMO DOJI

Decided On December 16, 2017
KARMAR DOJI Appellant
V/S
TOMO DOJI Respondents

JUDGEMENT

(1.) Heard Mr. D. Panging, learned counsel appearing for the petitioner and Mr. B. Sora, learned counsel appearing for the respondents No. 1 & 3 as well as Mr. K. Dubey, learned counsel appearing for the respondent No. 2.

(2.) This is an application, under Art. 227 of the Constitution of India, read with Sec. 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 (for short 'the Regulation, 1945') challenging the legality and validity of the order, dated 10.08.2016, passed by the Deputy Commissioner, Aalo, West Siang District, whereby the petitioner has been directed to file an appeal before the Assistant Commissioner, Bagra Administrative Circle, against the Keba decision, dated 17.05.2006, in connection with dispute between the parties to the instant proceeding over possession of WRC field locally called as 'June WRC field', and accordingly, the appeal was forwarded to the Circle Officer, Bagra on 28.03.2016, for disposal.

(3.) The petitioner's case, in a nutshell, is that several Keba at different levels were held in regard to the dispute between him and the respondents and the last such Keba was held at District Level, Aalo on 20.10.2008 and 21.10.2008, wherein it was decided that the respondent No. 1 has to pay a 'mithun' to the petitioner. The said WRC field was accordingly decided in favour of the respondent No. 1. Being aggrieved with the aforesaid District Level Keba decision, the petitioner filed a complaint before the Deputy Commissioner, Aalo. The Deputy Commissioner, Aalo forwarded the matter to the Circle Officer, Bagra for disposal. Thereafter, the Circle Officer, Bagra passed an order, dated 17.05.2016, who in turn upheld the District Level Keba decision, dated 20.10.2008 and directed the respondents No. 1 & 3 to deliver a mithun (female) to the petitioner within one month and allowed the respondents No. 1 & 3 to continue to cultivate the said WRC field. Against this order, the petitioner filed an appeal under Regulation 46 of the Regulation, 1945 in the Court of the Deputy Commissioner, Aalo for setting aside the aforesaid order, dated 17.05.2016. However, the Deputy Commissioner, Aalo instead of entertaining the appeal himself, by the impugned order, dated 10.08.2016, referred the matter to the Assistant Commissioner, Bagra Administrative Circle for disposal, inspite of the fact that the said Circle Officer himself is the ex-Officio Assistant Commissioner and exercises the powers of the Assistant Commissioner conferred under the Regulation 1945. The petitioner has contended that the Deputy Commissioner, Aalo has failed in duty to exercise the jurisdiction vested on him by law.