Page No.# 1/13 GAHC040012042021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/416/2021 Damto Nyorak and 15 Ors. S/o Late Idam Nyorak, Permanent Resident of Nyorak Rakte Village, P.O/P.S Aalo, West Siang District, Arunachal Pradesh 2: Yinyum Nyorak Age: Occupation : S/o Late Goyi Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh 3: Motum Nyorak Age: Occupation : S/o Late Jirmo Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh 4: Tomar Nyorak Age: Occupation : S/o Late Nyato Nyorak Permanent resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh Page No.# 2/13 5: Kenpe Nyorak Age: Occupation : S/o Late Moken Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh 6: Nyummuk Nyorak Age: Occupation : S/o Late Yinyum Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh 7: Jumpak Nyorak Age: Occupation : S/o Late Larjum Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh 8: Karpe Nyorak Age: Occupation : S/o Late Mokar Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo. West Siang District Arunachal Pradesh 9: Lipe Nyorak Age: Occupation : S/o Shri Pagli Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Page No.# 3/13 Arunachal Pradesh 10: Kartum Nyorak Age: Occupation : S/o Late Morak Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh 11: Lijum Nyorak Age: Occupation : S/o Shri Mido Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh 12: Mattue Nyorak Age: Occupation : S/o Late Pemo Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh 13: Kensok Nyorak Age: Occupation : S/o Shri Doken Nyorak Permanent Resident of Nyorak Rakte Villate P.O/P.S Aalo West Siang District Arunachal Pradesh 14: Kenpak Nyorak Age: Occupation : S/o Peken Nyorak Permanent Resident of Nyorak Rakte Village Page No.# 4/13 P.O/P.S Aalo West Siang District Arunachal Pradesh 15: Nyaken Nyorak Age: Occupation : S/o Shri Marnya Nyorak Permanent Resident of Nyorak Rakte Village P.O/P.S Aalo West Siang District Arunachal Pradesh 16: Lipe Nyorak Age: Occupation : S/o Shri Kenpak Nyorak Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Prades VERSUS THE STATE OF AP and 19 Ors. Represented by the Chief Secretary, Govt. Represented by the Chief Secretary, Govt. of Arunachal Pradesh 2:The Deputy Commissioner Age: 0 Occupation : West Siang District Aalo P.O/P.S Aalo West Siang District Arunachal Pradesh 3:The Circle Officer Age: 0 Occupation : Nikte Kodum West Siang District Aalo P.O/P.S Aalo West Siang District Arunachal Pradesh 4:Marto Nyorak Mayi Age: 0 Occupation : Page No.# 5/13 S/o Shri Tomar Nyorak Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 5:Gumjo Mayi Age: 0 Occupation : S/o Shri Kengum Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 6:Biken Mayi Age: 0 Occupation : S/o Late Habbi Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 7:Bommin Mayi Age: 0 Occupation : S/o Late Tobom Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 8:Genya Mayi Age: 0 Occupation : S/o Shri Goge Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 9:Geyi Mayi Page No.# 6/13 Age: 0 Occupation : S/o Goge Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 10:Ligo Mayi Age: 0 Occupation : S/o Late Pelli Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 11:Liyi Mayi Age: 0 Occupation : S/o Late Pelli Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 12:Marli Mayi Age: 0 Occupation : S/o Shri Tomar Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 13:Gonya Mayi Age: 0 Occupation : S/o Late Nyago Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh Page No.# 7/13 14:Gokar Mayi Age: 0 Occupation : S/o Late Nyago Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 15:Markir Mayi Age: 0 Occupation : S/o Shri Tomar Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 16:Yigo Mayi Age: 0 Occupation : S/o Shri Toyi Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 17:Marto Mayi Age: 0 Occupation : S/o Late Gomar Nyorak Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 18:Henge Mayi Age: 0 Occupation : S/o Shri Paksen Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo Page No.# 8/13 West Siang District Arunachal Pradesh 19:Gegam Mayi Age: 0 Occupation : S/o Late Henge Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Pradesh 20:Ginli Mayi Age: 0 Occupation : S/o Late Ligin Mayi Permanent Resident of Nyorak Village P.O/P.S Aalo West Siang District Arunachal Prades Advocate for the Petitioner : Rintu Saikia, Ligam Nochi,Limi Bam,Kirnya Lollen,Bomchi Taipodia,Idak Bam,Yamini Linggi,Minter Karbak Advocate for the Respondent : GA (AP), Pritam Taffo,Elina Perme,V Dolo :::BEFORE::: HON’BLE MR. JUSTICE KARDAK ETE JUDGMENT (ORAL) 22.09.2025 Heard Mr. L. Bam, learned counsel for the petitioners. Also heard Ms. P. Sangeeta, learned Government Advocate for the State respondent Nos. 1, 2 & 3 and Ms. E. Perme, learned counsel for the respondent Nos. 4 to 20. 2. By filing this writ petition, the petitioners have put to challenge the order Page No.# 9/13 dated 18.11.2020, passed by the Circle Officer, Nikte Kodum, whereby the Porwana/Notice issued by the Head Gaon Burah of Pushi Nyorak Village, fixing the Keba on 19.11.2020, is advised to be withdrawn as the dispute between the Nyorak, Tayi, Nyolin and Nyoke (petitioners herein) and the Yipo-Yimar Clan (respondent Nos. 4 to 20 herein) has already been decided by the Village Level Keba held on 16.10.2020, and an appeal lies against such decision under the provisions of the Assam Frontier (Administration of Justice) Regulation, 1945. 3. Briefly put, shorn of unnecessary details, the petitioners, who belongs to Laryi, Large, Nyoke and Nyolin Clan of Nyorak Village in the District of West Siang, Arunachal Pradesh, and the private respondents, who belongs to Yipo- Yimar Clan of the same village, are in dispute over a land/area called “Kosop- Kose”. The petitioners claim that the Kosop-Kose land has been under the occupation and possession of their clan since time immemorial. The private respondents started claiming right and ownership over the Kosop-Kose area and issued a circular dated 22.12.2004 prohibiting non-Yipo-Yimar clans from hunting, fishing and collection of construction materials, which was in fact not circulated. The petitioners came to know about the circular only in the year 2017. However, the circular was subsequently withdrawn by the private respondents. 4. It is the contention of the petitioner that, in view of the dispute raised by the private respondents over the Kosop-Kose land and stream, they made a complaint before the village authority and a notice was also sent to the private respondents stating that the petitioners are the real owners of the land. According to the petitioner, a family meeting was held on 16.10.2020 under the Chairmanship of a village elder, along with other members, including village elders, Gaon Burahs and political persons to settle the dispute between the Page No.# 10/13 petitioners and the private respondents. Accordingly, in the said meeting, a 3 (three) points resolution was adopted, inter alia, decided that the circular issued by the private respondents in the year 2004 was wrong, and both the parties were directed to maintain status quo over the land as maintained by their forefathers. 5. Being disagreement with the said family settlement, the petitioners filed a complaint on 20.10.2020 before the Circle Head Gaon Burah, Ubu Bango, Nikte for settlement of the dispute on the ground that the settlement dated 16.10.2020 was not a village level keba decision, rather an internal family discussion. The Head Gaon Burah of Pushi Nyorak Village, vide letter dated 12.11.2020, issued a Porwana to the parties for conducting a village level keba, scheduled on 19.11.2020. However, on a complaint to the Deputy Commissioner on 16.11.2020 and on delegation of the matter, the Circle Officer, Nikte Kodum, passed the impugned order advising the Head Gaon Burah to withdraw the Porwana on the ground that the dispute between the petitioners and the private respondents have already been decided and settled at the village level keba on 16.10.2020 and the persons aggrieved by such decision may file an appeal under the provisions of Assam Frontier (Administration of Justice) Regulation, 1945. 6. Mr. L. Bam, learned counsel for the petitioners, while referring to the initiation of the decision, which includes the letter and notice and the decision dated 16.10.2020, strenuously submits that the decision dated 16.10.2020 is not a village level keba decision but merely an internal family discussion inasmuch as the discussion was initiated to effect a family settlement. He submits that although the discussion was attended by Head Gaon Burah, other Gaon Burahs, village elders and political persons, the said decision dated Page No.# 11/13 16.10.2020 clearly shows that it was purely a family discussion and settlement for which no appeal lies. Accordingly, he submits that the impugned order passed by the Circle Officer is erroneous as the same has been issued on wrong interpretation of the provisions of law and the family settlement. Therefore, he prays that the same be set aside and a direction may be issued to the village authorities of Pushi Nyorak Village to decide the dispute as per the power conferred under Section 5 of Assam Frontier (Administration of Justice) Regulation, 1945 as well as Section 2(d) of Arunachal Pradesh Civil Courts Act, 2021. 7. On the other hand, Ms. P. Sangeeta, learned State Counsel, and Ms. E. Perme, learned counsel for the private respondents, have submitted that the decision dated 16.10.2020 clearly reflects that it was a village level keba conducted by the Head Gaon Burah, other Gaon Burahs and village elders. Participation of additional village elders or other persons would not affect the validity of the keba decision as normally the village level keba is conducted by the Head Gaon Burah, Gaon Burahs and village elders. Therefore, the Circle Officer has rightly issued the impugned order advising the Head Gaon Burah to withdraw the Porwana, as the village level keba decision is appealable under the provisions of Assam Frontier (Administration of Justice) Regulation, 1945, and no interference is called for to the impugned order. Therefore, present writ petition is not maintainable and liable to be dismissed. 8. I have considered the submissions of the learned counsel for the parties and also perused the materials available on record. 9. The dispute between the petitioners and the private respondents is in respect of a “Kosop-Kose” land and stream situated at Pushi Nyorak Village. The Page No.# 12/13 matter was eventually referred to the village authority of Pushi Nyorak Village, for which a notice/porwana was issued by one Shri Henkar Nyorak as Keba Chairman. The notice was also issued to some of the Gaon Burahs of the village for settlement of the dispute. Pursuant thereto, the petitioners and the private respondents have participated in the deliberation and consequently, a decision was arrived at in the village level keba on 16.10.2020. In the said keba decision, amongst others, it has been decided that the issuance of circular by the private respondents in the year 2004 was wrong and imposed certain customary rituals and also directed both the parties to maintain status quo over the land as used to be maintained by their forefathers. 10. The petitioners, being not agreed, filed a complaint before the Circle Head Gaon Burah, Ubu Bango, Nikte for settlement of the matter by a village authority, stating that the decision dated 16.10.2020 was not a decision by village authority, rather a family settlement. In response, the Head Gaon Burah of Pushi Nyorak Village issued a Porwana for conducting a Keba. Subsequently, following a complaint by the private respondents before the Deputy Commissioner and on being delegated the matter, the Circle Officer, Nikte Kodum passed the impugned order advising the Head Gaon Burah to withdraw the Porwana, observing that the dispute has already been settled by village level keba on 16.10.2020. 11. On perusal of the keba decision dated 16.10.2020, it is seen that 38 (thirty eight) members, including one Chairman, Head Gaon Burah and 9 (nine) other Gaon Burahs have participated. Although, the petitioners have not subscribed their signatures to the decision, they took part in the deliberation without any demur. The decision clearly demonstrates that it was a village level keba, as the petitioners themselves have participated in the deliberation, which was Page No.# 13/13 conducted under the chairmanship of one Chairman and Head Gaon Burah, along with other Gaon Burahs and village elders. Thus, I am of the considered view that the decision, comprising of 38 (thirty eight) members, including one Chairman, Head Gaon Burah, other Gaon Burahs and village elders, cannot be said to be mere family settlement, but is a valid village level keba decision. 12. Having considered that the decision dated 16.10.2020 is a village level keba, the proper recourse for the petitioners, if aggrieved, was to file an appeal under Section 46(1) of Assam Frontier (Administration of Justice) Regulation, 1945 back then. Having not availed that remedy, the petitioners instead approached the Circle Head Gaon Burah and caused to issue the Head Gaon Burah of Pushi Nyorak a Porwana for settlement of a matter already decided on 16.10.2020. Thus, in my view, the impugned order dated 18.11.2020, passed by the Circle Officer, Nikte Kodum, cannot be faulted as the village authorities, in the presence of other village elders along with petitioners and private respondents, have already decided the matter on 16.10.2020. 13. For the foregoing reasons, this Court finds no ground to interfere with the impugned order dated 18.11.2020, passed by the Circle Officer, Nikte Kodum. Consequently, the writ petition stands dismissed being devoid of merit. However, the petitioners are at liberty to avail the appropriate remedy as may be permissible under the law. 14. Writ petition stands disposed of. JUDGE Comparing Assistant