Page No.# 1/4 GAHC040003242025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/90/2025 Taba Takar Son of Taba Teshi, resident of Model Village Naharlagun, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. VERSUS Smti Ligang Dumi Wife of Late Ligang Riko, resident of A Sector Naharlagun, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. Advocate for the Petitioner : T T Tara, Pura Khongkhung,Nabam Hari,Jobang Modi,Noni Nobeng,Orin Modi Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 04-03-2025 Heard Mr. T. T. Tara, learned counsel for the petitioner and Mr. S. Tapin, learned counsel for the respondent. 2. Having regard to the nature of the projection made by the petitioner, the same is taken up for disposal at the motion stage itself. Page No.# 2/4 3. The grievance of the petitioner is that the Head Gaon Bura of Model Village, Naharlagun had passed a judgment and order, dated 14.11.2024 (Annexure-K) in favour of the respondent, which is to the following effect: “...After Considering all the evidences given by both the parties and witnesses and after considering the documents produced before me I am of the considered view that Shri Taba Takar shall give a Land measuring an area 980 Sq.Mtrs to Smti Ligang Dumi from his land area situated in the same location i.e. Near Helipad under Model Village area as because the disputed land has already been sold to Smti Yomter Geyi and Shri Karba Ngomdir and they have already constructed their house and boundary wall. If Shri Taba Takar doesn't want to give Land measuring 980 Sq. Mtrs in the same locality, he shall repay the sale price of Rs.24.50.000/- along with interest of 4% p.a. as per prevailing Bank interest rate which comes to Rs.33.32.000/- (Rupees Thirty-Three Lakhs Thirty Two Thousand) only within a period of 1 (one) month from the date of this Judgment. Further, considering the above-mentioned direction 1 do hereby vacate my order dated 06.09.2024 passed in compliance of the Hon'ble High Court Order dated 02.09,2024 passed in CRP No.11/2024 and CRP No. 26/2024. With the aforesaid direction, matter disposed of.” 4. Aggrieved with the same, the petitioner filed an appeal under the Second Proviso of Sub Section (ii) of Section 3 of The Arunachal Pradesh Civil Court (Amendment) Act, 2022, read with Section 15 (3) of The Arunachal Pradesh Civil Courts Act, 2021, before the Court of the Civil Judge (Senior Division), Yupia and the appeal was registered as Appeal Case No. 09/2024. 5. According to the petitioner, despite having mentioned before the said Court for the matter to be taken up through his counsel on 05.02.2025, the learned Court below had declined to take up the matter. Being Page No.# 3/4 aggrieved with the same, the petitioner has filed the instant writ petition under Article 226 of the Continuation of India, praying for a direction to the learned Cour below to take up the matter. 6. Mr. T. T. Tara, learned counsel for the petitioner submits that the petitioner cannot be left remediless, since, he is aggrieved with the judgment and order passed by the Village Authority on 14.11.2024, he has every right to challenge the same by way of appropriate proceeding as prescribed by law. Since, the appeal filed by the petitioner has remained unattended, the petitioner having no alternative has filed the instant writ petition. 7. Mr. S. Tapin, learned counsel for the respondent also submits that since an appeal has been filed in terms of the relevant provisions of law, it is for the Court concerned whether to decide the appeal in favour or against the appellant, in accordance with law. He submits that even if the appeal is found to be not maintainable, the Court concerned is still bound to pass appropriate order in this regard. 8. Upon hearing the learned counsels for parties and on perusal of the materials available on record, this writ petition is disposed of by directing the learned Court of Civil Judge (Senior Division), Yupia, to take up the Appeal No. 09/2024, in accordance with law and bring the same to its logical conclusion. 9. Since, the parties are represented before this Court, they are directed to appear before the learned Court below on 10.03.2025, whereafter, the learned Court below shall proceed, in accordance with law. Page No.# 4/4 10. With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant