Page No.# 1/5 GAHC040002362025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP/8/2025 Jumken Kamdak and Anr Son of Late Tojum Kamdak, permanent resident of Kamdak Village, PO and PS Basar, Leparada District, Arunachal Pradesh 2: Yiyi riram Age: Occupation : Son of Late Mayi Riram a permanent resident of Village Lipu Namchi Po and PS Basar Lepa Rada District Arunachal Pradesh VERSUS Redo Doji Son of Shri Dire Doji, a permanent resident of Doji Jiku Village, Bagra Circle, West Siang District, Arunachal Pradesh. Advocate for the Petitioner : Gedo Kato, Pekyum Tamin Advocate for the Respondent : Kemo Lollen, Nyai Loyi,Arun Yun,Maryum Sora,Geli Taye,D Ado B E F O R E HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 01.07.2025 Heard Mr. G Kato, learned counsel for the petitioner and Mr. K Lollen, Page No.# 2/5 learned counsel for the respondent. This petition is filed under Article 227 of the Constitution of India for setting aside the decision dated 04.01.2024 passed by the Inter Village Territorial Customary Court, Pushi Bango, Higi Bagra, by which, the decision of the village authority of Angu village has been reversed it was directed to handover the Mithun in dispute to the respondent. 2. The fact of the case is that on 4th October, 2024, the village Keba authorities had decided a dispute over ownership of a Mithun between the petitioner and the respondent. The said village meeting was attended by 21 numbers who were Head Gaon Burah as well as Gaon Burah of their respective village and it was decided in the said meeting that Mithun under dispute should be handed over to the petitioner i.e. namely Shri. Jumken Kamduk and the caretaker of the Mithun, Shri. Yiyi Riram and that the said meeting was attended by both the petitioner and the respondent. However, the respondent not being satisfied with the decision since he stated his contention was not properly considered, he filed an appeal before the Inter Village Territorial Customary Court, Pushi Bango, challenging the order dated 04.10.2024. The Inter Village Customay Court issued orders on 23rd October, 2024 directing that they would hear the matter of ownership of the Mithun on 30th October, 2024. However, on the said day, the petitioner did not attend the village Court hearing. On 5th Page No.# 3/5 November, 2024, the Head Gaon Burah and the Gaon Burahs of Pushi Bango appointed one namely, Shri. Minjom as President and Shri. Beke Angu as a Secretary to look after the matter. Thereafter, on 19th November, 2024 an order was issued to the petitioner and the caretaker of the said Mithun to appear before them to discuss the matter about ownership of the Mithun. However, the petitioner again did not attend the meeting. 3. For the third time i.e. on 21st December, 2024 a date was fixed for hearing on 4th January, 2025. The petitioner again did not appear on that day. Since the petitioner did not appear for three consecutive times, the Inter Village Customary Court proceeded to pronounce the decision ex parte and in that decision, the Court after considering the evidences decided that the Mithun in question belongs to the respondent by holding inter alia that the decision on 4th October, 2024 was incorrect and the Court as such, returned the Mithun to the respondent for ownership. 4. The learned counsel appearing for the petitioner Mr. G Kato submitted before this Court that most of the members who attended the village Keba were the same members who attended the Inter Village Territorial Customary Court which according to the learned counsel of the petitioner is bad in law. Mr. K Lollen, appearing for the respondent, fairly submitted that most of the members Page No.# 4/5 were same in both the committees and that the same is not accordance with law. He placed Section 17 of the Arunachal Pradesh Civil Courts Act, 2021 wherein, it is provided in sub-Section 2 that “no judicial officer or authority of customary court shall try any appeal against any decree or order passed by him/her in any other capacity”. As such, a prayer is made before this Court that the impugned order may be quashed and that the aggrieved party may prefer the appeal afresh before the appellate authority and for a direction to the President, Inter Village Territorial Customary Court to appoint fresh members who were not there in the committee of the Keba decision dated 4th October, 2024. 5. I have heard the counsels and have gone through the records. 6. It is noticed from the chart of members annexed with the petition as Annexure-2 in connection with Inter Village Territorial Customary Court as well as the chart in connection with the village meeting held on 4th October, 2024 that most of the members are same. It is clear from Section 17 of the Arunachal Pradesh Civil Court Act that the authority of the Customary Court who passes an order in the village court should not try any appeal. As such, this Court finds the impugned order dated 4th January, 2024 passed by the Inter Village Customary Court, Pushi Bango as unsustainable and the same is quashed. This Court Page No.# 5/5 further directs that the President of the Inter Village Territorial Customary Court, Pushi Bango may constitute the committee comprising of other members not included in the committee of members of the village committee and decide the ease within a period of 2 months from the date of receipt of the order. 7. The petition is disposed of with the above direction. JUDGE Comparing Assistant