Page No.# 1/4 GAHC040007682026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP/40/2026 Monya Nyori Son of Late Rimo Nyori, resident of Rilu Village, PO Dari, PS Basar, Leparada District, Arunachal Pradesh. VERSUS Chamsen Nyori Son of Late Micham Nyori, resident of Rilu Village, PO Dari, PS Basar, Leparada District, Arunachal Pradesh. Advocate for the Petitioner : Rajesh Sonar, Kipa Tagar,Gautam Natung,Khyoda Yayo,Meenakshi Jerang,M Basar,Michi Khambo,Binny Nyaruce,R Taku Advocate for the Respondent : , BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 01-06-2026 Heard Mr. Rajesh Sonar, learned counsel for the petitioner. 2. This is an application filed under Article 227 of the Constitution of India seeking a direction/order to the Apex Customary Court, Dari Circle, Leparada District, Arunachal Pradesh to consider and dispose of the appeal petition dated 13.04.2026 filed by the petitioner against the impugned Village Level Keba Page No.# 2/4 Decision dated 17.12.2011. 3. It is submitted by Mr. Sonar, learned counsel that there was a dispute over a land and the petitioner’s complaint was initially filed before the Village Level Kebang and on 17.12.2011, it was held that the petitioner had the ownership, but directed the respondent to temporary reside over the disputed land with a direction not to construct any permanent structure over the disputed land. But subsequently, the respondents had violated the Kebang decision and for which, a petition was moved before the Circle Officer and subsequently, the Circle Officer had wrongly referred the matter to Banggo Level Kebang, which was not at all a competent authority under Assam Frontier (Administration of Justice) Regulation, 1945. However, the said Banggo Level Kebang had confirmed the ownership but failed to direct for any ejectment. But thereafter, the petitioner filed a petition before the Addl. Deputy Commissioner, Basar and the Addl. Deputy Commissioner had upheld the order of the Banggo Level Kebang and thereafter a civil revision petition was filed before this Court, wherein while condoning the delay directed the petitioner to approach the appropriate forum/the Deputy Commissioner. 4. Pursuant to the order of this Court, the petitioner filed an appeal before the Addl. Deputy Commissioner, but after the amendment of the Arunachal Pradesh Civil Courts Act, the Addl. D.C. had transferred the matter to the Addl. District Judge, Basar and before the Addl. District Judge, Basar the matter was heard and Addl. District Judge, Basar vide its order dated 17.09.2025 had quashed the decision of the Banggo Level Kebang for want of jurisdiction, but did not make any order in respect of the impugned decision passed by the Kebang dated 17.12.2011. 5. Thereafter, the respondent tried to encroach the disputed land and also Page No.# 3/4 tried to construct a permanent construction over the disputed land and in that regard, they had also kept some construction materials. In view of the above, the petitioner again preferred an appeal before the appropriate forum against the Apex Customary Court, Dari Circle on 13.04.2026, which was accordingly received and acknowledged. But without assigning any reason, no order was passed in the said appeal, which was filed before the Apex Customary Court, Dari Circle. 6. He further submitted that as per amended Section 5 of the Assam Frontier (Administration of Justice) Regulation (Amendment) Act, 2023, the Customary Apex Court has the jurisdiction for entertaining an appeal against a Kebang decision, but without passing any order the appeal is still lying before the Apex Customary Court. 7. In view of this, the present civil revision petition has been filed by the petitioner for a direction to the Apex Customary Court, Dari Circle to dispose of the Appeal Petition dated 13.04.2026 which was preferred by the petitioner against the impugned Village Level Kebang Decision dated 17.12.2011, which is still in existence. 8. It is submitted by Mr. Sonar, learned counsel that the though the appeal was filed on 13.04.2026, but till date no order was passed by the appellate authority, i.e., the Apex Customary Court, Dari Circle and hence, the petitioner is also not in a position to approach any other appropriate forum. 9. In view of this and considering all the aspects of the case, this Civil Revision Petition is disposed of at the motion state itself with a direction to the Apex Customary Court, Dari Circle to dispose of the Appeal Petition dated 13.04.2026 filed by the petitioner which is pending before the said Court within Page No.# 4/4 a reasonable period, preferably within a period of 2(two) months. 10. With the above observation and direction, this petition stands disposed of. JUDGE Comparing Assistant