TANA YALLU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. P. Taffo, learned counsel for the petitioner. Also heard Ms. R. Basar, learned Jr. Govt. Advocate for the State respondents No. 1 to 4. None appears for the respondent No. 5 on call.

(2.) By this writ petition, the petitioner has challenged the order dated 08.08.2014, issued by the Extra Assistant Commissioner, Itaganar, Capital Complex, Naharlagun, vide No. NGL/JUD/LOC-15/2013/206 in the matter of Smti Techi Menia/complainant vs. Smti Tana Yalu/respondent, by which order a Bailable Warrant of Arrest was issued against the petitioner for failure to appear before the EAC, Naharlagun, in connection with monetary dispute between the respondent No. 5 and the petitioner to be settled by the village council. Also challenged in the present writ petition is the proceeding of Case No. NLG/JUD/LOC-15/2013.

(3.) According to the writ petitioner, the respondent No. 5 had earlier filed a Money Suit No. 10/12-(YPA) and Money Suit No. 11/12-(YPA) against the writ petitioner for recovery of some amount, which suit were withdrawn from the District Court at Yupia [M.S. No. 10/12-(YPA) and M.S. No. 11/12-(YPA)] on 30.8.2012 (annexed as Annexure '1' to the writ petition). After the Money Suit was withdrawn, the respondent No.5 approached the Deputy Commissioner by filing a complaint dated 18.10.2013, which was endorsed to the EAC, Naharlagun, by the Deputy Commissioner, Itanagar, for resolving the dispute between the respondent No.5 and the petitioner. Accordingly, the EAC, Itanagar, Capital Complex, Naharlagun issued the summon dated 25.11.2013, to the petitioner to appear before the EAC on 29.11.2013.