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2025 DAILYLAW 4505 (GAU)

Kaling Borang v. Allok Tayeng

IA(C)/87/2024 · 2025-04-22

Kardak Ete

body2025

Judgment text

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Page No.# 1/3 GAHC040006532024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/87/2024 Kaling Borang Son of Kalom Borang, representing Mebo Village, President Mebo Dolung/ Village Youth Kebang, Mebo Village, East Siang District, Arunachal Pradesh VERSUS Allok Tayeng Son of Late Kompel Tayeng, permanent resident of Mebo Town, PO and PS Mebo, East Siang District, Arunachal Pradesh Advocate for the Petitioner : T Tayeng, Tshering Yangzom Bhutia Advocate for the Respondent : Tabit Tapak, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 23-04-2025 Heard Mr. T. Tayeng, learned counsel for the applicant and Mr. T. Tapak, learned counsel for the opposite party/revision petitioner. 2. By filing this application, the applicant has sought for impleadment as party respondent No. 16 in the connected Civil Revision Petition, being CRP No. 55(AP)2023. Page No.# 2/3 3. Mr. T. Tayeng, learned counsel for the applicant submits that the applicant is representing the Mebo Village, wherein, the subject matter i.e. the disputed land in the Civil Revision Petition is located. Although, the opposite party/revision petitioner has arrayed as many as 15 (fifteen) persons as respondents, they are claiming the land individually and not as a community land. The land involved in the Civil Revision Petition is a community land. Therefore, the applicant is a necessary party and prays for impleadment as party respondent in the connected Civil Revision Petition. 4. Mr. T. Tapak, learned counsel for the opposite party/revision petitioner, while seriously opposing the impleadment, submits that the applicant has failed to make out a case that he is a necessary party in the connected Revision Petition, as there is no materials to show that the applicant has a right to claim the disputed land involved in the revision petition. Therefore, he submits that the present application may be rejected. 5. Having considered the submissions of the learned counsels for the parties and also the materials placed on record, it is seen that the subject matter involved in the connected Civil Revision Petition is in respect of the land situated at Mebo Village, where the petitioner and the respondents are claiming the right, title and ownership. The applicant claims to represent the entire Mebo village by claiming that the land in question is a community land. It also appears that the opposite party/petitioner as well as the respondent Nos. 1 to 15 are also claiming the individual right, title and ownership of the said land. 6. In view of the above, I am of the considered view that the applicant appears to be a necessary party in the proceedings in the connected Civil Revision Petition being CRP No. 55(AP)2023. 7. Accordingly, the applicant, namely, “Shri Kaling Borang, aged about 42 Page No.# 3/3 years, S/o Kalom Borang, representing Mebo Village, President Mebo Dolung/village Youth Kebang, Mebo Village, East Siang District, Arunachal Pradesh”, is allowed to be impleaded as party respondent No. 16 in the connected Civil Revision Petition being CRP No. 55(AP)2023. 8. The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant