Gauhati High Court
Tapir Tamut vs The State Of Arunachal Pradesh And ... on 23 November, 2022
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GAHC010156012022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5099/2022
TAPIR TAMUT
S/O LT TAGO TAMUT, VILL-BOGNE, P.O./P.S.-KAYING, DIST-ARUNACHAL
PRADESH
VERSUS
THE STATE OF ARUNACHAL PRADESH AND 3 ORS.
REPRESENTED THROUGH THE CHIEF SECRETARY, GOVT. OF
ARUNACHAL PRADESH, ITANAGAR
2:THE SECRETARY
LAW AND JUSTICE
GOVT OF ARUNACHAL PRADESH
ITANAGAR
3:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI
ASSAM REPRESENTED THROUGH THE REGISTRAR
GAUHATI HIGH COURT ITANAGAR PERMANENT BENCH
NAHARLAGUN
ARUNACHAL PRADESH
4:TAMANG GUAN
S/O LATE TAHIK GUAN
VILL-BOGNE
P.O./P.S.-KAYING
DIST-SIANG
ARUNACHAL PRADES
Advocate for the Petitioner : MR. L PERME
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Advocate for the Respondent : MR. M PERTIN
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE ARUN DEV CHOUDHUY
Order
23-11-2022
(N. Kotiswar Singh, J)
Though no one is present for the petitioner, in view of the submission advanced by Mr.
N.N. B. Choudhury, learned Additional Advocate General, Arunachal Pradesh, assisted by Mr.
A. Chandran, learned Senior Government Advocate, Arunachal Pradesh, we are of the view
that the present petition can be closed as infructuous.
2. In this petition the petitioner has sought for a direction to be issued to the
respondents to frame necessary/appropriate rules prescribing the procedure more than the
manner of execution and enforcement of decree, judgment or decision passed by the village
authorities under the Assam Frontier (Administration of Justice) Regulation, 1945. It has been
submitted by Mr. N.N.B. Choudhury that during the pendency of this petition, the Arunachal
Pradesh State authorities have issued a gazette notification dated 14.11.2022, whereby
certain amendments were brought in the Arunachal Pradesh Civil Courts Act, 2021 (Act No.4
of 2021) in which the amendments of Clauses XI and XIV of sub-section (1) of Section 27 of
the aforesaid Act have been brought in, by which the modality of executing and enforcing an
order or decree passed by the village authorities has been specified.
3. The amendments of Clauses XI and XIV of sub-section (1) of Section 27 of the
aforesaid Act read as follows:
".......
4. Amendment of Clauses (XI) and (XIV) of sub-section (1) of Section 27:
(I) in Section 27 of the principal Act, in sub-section (1), clause (XI) shall read as
under:-
For sub-section (2) of Section 45 of the Assam Frontier (Administration of Justice)
Regulation, 1945, the following shall be substituted,-
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(2) (a) Execution and enforcement of the order or decree passed by the village
authority. If the person against whom a decree or order has been passed by the village
authority, fails to pay or comply with such order or decree within a period of thirty days,
the party in whose favour such decree or order has been passed, may apply to the
concerned Deputy Commissioner or Assistant Commissioner, as the case may be, for
execution or enforcement of the decree or order of the village authority.
(b) The concerned Deputy Commissioner or the Assistant Commissioner, as
the case may be, on receipt of such application may call for records of the order or
decree of t he village authority and execute or enforce the same by following the
principles laid down in the Code of Civil Procedure, 1908 in spirit.
(ii) In clause (XIV), the figure '58' shall be deleted."
4. Under the circumstances, we are of the view that the relief sought for in this petition
has been substantially addressed and accordingly, in view of the above submission made by
Mr. N.N.B. Choudhury, learned Additional Advocate General, Arunachal Pradesh, the present
petition is closed as infructuous.
JUDGE JUDGE
Comparing Assistant
