Page No.# 1/5 GAHC040003012025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/83/2025 Jimmy Hangong and Anr Son of Shri Lidu Hangong, permanent resident of Yapik Village, PO and PS Tato, Shi Yomi District, Arunachal Pradesh. 2: Taki Hangong Age: Occupation : Son of Late Tade Hangong permanent resident of Yapik Village PO and PS Tato Shi Yomi District Arunachal Pradesh VERSUS The State of AP and 4 Ors represented through the Secretary, General Administration, Govt of Arunachal Pradesh, Itanagar 791111 2:The Additional Deputy Commissioner Age: 0 Occupation : Mechuka Shi Yomi District Govt of Arunachal Pradesh 791003 3:Norbu Hangong Age: 0 Occupation : Son of Late Talok Hangong Village Gapo PO and PS Mechuka Page No.# 2/5 Shi Yomi District Govt of Arunachal Pradesh 791003 4:Tatin Hangong Age: 0 Occupation : Son of Shri Tayor Hangong Village Gapo PO and PS Mechuka Shi Yomi District Govt of Arunachal Pradesh 791003 5:Santo Hangong Age: 0 Occupation : Son of Late Taning Hangong Village Gapo PO and PS Mechuka Shi Yomi District Govt of Arunachal Pradesh 79100 Advocate for the Petitioner : Dicky Panging, Tokge Darin,Kirmar Ado,Doge Lona,Marge Doji,Daina Tamuk Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 10.03.2025 Heard Ms. D. Tamuk, learned counsel for the petitioners and Ms. R. Basar, learned Government Advocate for the State respondent. 2. Having regard to the projection made by the petitioners, the writ petition is being disposed of, at the motion stage itself. Page No.# 3/5 3. When the matter was listed for motion on 28.02.2025, this court had directed the learned Government Advocate to obtain instructions as regards the status of the appeal stated to have been filed by the petitioners before the Additional Deputy Commissioner, West Siang District, Mechuka on 11.06.2012. 4. Today, Ms. R. Basar, learned Government Advocate submits that she has not yet received the instructions and that she has been requested by the Additional Deputy Commissioner to seek for some more time. 5. The grievance of the petitioners is that they have filed an appeal under Section 46 (1) of the Assam Frontier (Administration of Justice) Regulation, 1945 against the Kebang/arbitration decision passed on 06.03.2011 at Mechuka by the Arbitration Board. Despite the appeal having been filed way back on 11.06.2012, the same has not been disposed of by the Court of the Additional Deputy Commissioner till date and therefore being aggrieved, the petitioners have filed the instant writ petition. 6. Ms. D. Tamuk, learned counsel for the petitioners had drawn the attention of this Court to the Arunachal Pradesh Civil Courts Act, 2021 and more particularly to Section 15 of the said Act. The learned counsel submits that Civil Courts Act came into force w.e.f. 12.04.2021 and that in terms of Section 15, the appeal is now to be decided by the competent Civil Court and not by the Page No.# 4/5 Court of the Additional Deputy Commissioner. By referring to the proviso under Section 15 (3), the learned counsel submits that any appeal or suits pending in the Court of the Deputy Commissioner is to be disposed of by the concerned Deputy Commissioner under the provisions of the Assam Frontier (Administration of Justice) Regulation, 1945 as expeditiously as possible and not later than one year from the date of coming into force of the Act, i.e. 12.04.2021. She further submits that the Civil Courts Act was amended by the Arunachal Pradesh Civil Courts (Amendment) Act, 2022 wherein, a separate proviso was provided under Section 15 (3) of the said Act which provides that in case the Deputy Commissioner could not dispose of the pending appeals in their Courts within one year from the date of commencement of the Act, such pending appeal should be transferred to the Civil Courts having the pecuniary and territorial jurisdiction. The learned counsel submits that despite the provisions of the Civil Court Act and also the amendment of the said Act, the appeal filed by the petitioners has neither been dispose nor transferred to the Court of competent jurisdiction and therefore, the petitioners have filed the instant writ petition. 7. Having heard the submissions made by the learned counsel appearing for the parties and on perusal of the materials available on record including the Arunachal Pradesh Civil Courts Act and its amendment in 2022, the writ petition Page No.# 5/5 is disposed of with a direction to the Additional Deputy Commissioner, Mechuka, Shi-Yomi District (respondent No. 2) to transfer the appeal filed by the petitioners on 11.06.2012 to the competent Civil Court in terms of the provisions of the Arunachal Pradesh Civil Courts Act and its amendment in 2022, more particularly under, the provisos of Sub-Section (3) of Section 15 of the original Act and its amendment within the period of 1 (one) month from the date of receipt of the certified copy of this order unless the appeal filed by the petitioners have not already been disposed of in the meantime. JUDGE Comparing Assistant