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2026 DAILYLAW 8232 (GAU)

Bege Doke v. Nyamo Doke

CRP/19/2026 · 2026-06-16

Budi Habung

body2026

Judgment text

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Page No.# 1/3 GAHC040004612026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP/19/2026 Bege Doke Son of Shri Tobe Doke, permanent resident of Pushe Doke, Pushe Doke Village, PO and PS Aalo, West Siang District, Arunachal Pradesh. VERSUS Nyamo Doke Son of Late Donya Doke, permanent resident of Pushe Doke, Pushe Doke Village, PO and PS Aalo, West Siang District, Arunachal Pradesh. Advocate for the Petitioner : Jambey Tsering Kee, Dejum Tally,Techi Topu Advocate for the Respondent : Kemo Lollen, Tojum Tao,Maryum Sora,Geli Taye,D Ado BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 17.06.2026 Heard Mr. Jambey Tsering Kee, learned counsel for the petitioner. Also heard Mr. Kemo Lollen, learned counsel appearing on behalf of the sole respondent. 2. By way of filing the present civil revision petition under Article 227 of the Constitution of India, the petitioner has assailed the order dated 06.03.2026 passed by the Inter-Village Territorial Customary Court, Pushi Banggo, West Siang District, Arunachal Pradesh. 3. It is submitted that as per the scheme of the provisions under Section 15(4) Page No.# 2/3 of the Arunachal Pradesh Civil Courts Act, 2021, as amended by the Arunachal Pradesh Civil Courts(Amendment) Act, 2022, the Inter-Village Territorial Customary Court is essentially an appellate forum where the parties aggrieved by a decision of a village-level Customary Court can approach such forum only by way of an appeal, subject to the agreement of the parties. However, the Section 15 does not confer any original adjudicatory jurisdiction upon the Inter-Village Territorial Customary Court to entertain and decide the private dispute at the first instance. 4. Mr. Kee, learned counsel for the petitioner, submits that in the instant case, by the impugned order dated 06.03.2026, the Inter-Village Territorial Customary Court, Pushi Banggo, West Siang District, Arunachal Pradesh, while deciding the present case, has assumed the original jurisdiction and proceeded to adjudicate the dispute which is impermissible under the law, or, in the scheme provided under the provisions of the Arunachal Pradesh Civil Courts Act. 5. Mr. Lollen, learned counsel for the sole respondent, has fairly conceded to the submissions of Mr. Kee, learned counsel for the petitioner. However, while submitting that he has no objection if the prayer of the petitioner is allowed, Mr. Lollen, learned counsel, submits that the complaint of the sole respondent was earlier not entertained by the village authority leading to the filing of the compliant before the Inter-Village Territorial Customary Court, therefore, he prays that the respondent may be granted liberty to approach the appropriate authority for redressal of his grievance. 6. In view of the submissions as made above by the learned counsel for the parties, and taking into consideration, the provisions provided under the Arunachal Pradesh Civil Courts Act, 2021(as amended from time to time), the impugned order dated 06.03.2026, passed by the Inter-Village Territorial Page No.# 3/3 Customary Court, Pushi Banggo, West Siang District, Arunachal Pradesh, is hereby set aside. 7. The parties are at liberty to approach the appropriate forum including before the concerned village authority for redressal of their grievances. On such approach being made, the appropriate authority shall strictly deal with the matter in accordance with law. 8. The civil revision petition, accordingly, stands disposed of, in terms above. JUDGE Comparing Assistant