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2022 DIGILAW 805 (GAU)

Tadar Taro, S/O Lt. Tadar Tadap v. Tadar Takio S/O Lt. Tadar Changriang

2022-07-26

MARLI VANKUNG

body2022
JUDGMENT : Heard Mr. Mr.K. Tama, learned counsel for the petitioners and Mr. T. Shiva, learned counsel for the private respondent Nos. 1 & 2 and Ms. R. Basar, learned Junior Govt. Advocate for respondent No.3. 2. This is an application under Article 227 of the Constitution of India read with section 50 of the Assam Frontier (Administration of Justice), Regulation Act, 1945 against the impugned show cause notice dated 12.05.2017 passed by the learned Additional Deputy Commissioner, Nyapin, District Kurung Kumey, Arunachal Pradesh in Execution Application/Case No.NPN/Jud/5/2017. 3. The learned counsel for the petitioners submits that the impugned show cause notice dated 12.05.2017 was based on the alleged Arbitration Awards dated 20.02.2008 and 27.02.2008 respectively, however, the signatures found on the Arbitration Awards were not those of the Arbitrators mentioned. He further submits that on receiving the impugned show cause notice dated 12.05.2017, the present petitioners had raised their objections with regard to the jurisdiction of the ADC, Nyapin for issuing such a show cause notice since he does not have the jurisdiction to execute the arbitral award, if any, in view of the notification dated 08.06.2010 passed by the Govt. of Arunachal Pradesh. However, inspite of such submission the ADC warned them to file a reply to show cause or face the execution and eviction thereof. The petitioners have now approached this Court for setting aside the impugned notice for want-of jurisdiction. 4. The learned counsel for private respondent Nos. 1 & 2 submits that he does not dispute the submission made by the learned counsel for the petitioners but has pointed out that they had approached the District Judge, West Session Division, Yupia, Arunachal Pradesh for execution of the Arbitral Award dated 27.02.2008 being the proper forum, however, the District Judge in its order dated 03.05.2017 had stated that the Court does not have jurisdiction to execute the same in view of Section XXXVIII CPC and submits that if the court does not give appropriate directions they do not have any forum to voice their grievances. 5. Ms. R. Basar, learned Junior Govt. Advocate appearing on behalf of respondent No.3 submits that they had do not object to setting aside of the impugned show notice dated 12.05.2017 in view of the Assam Frontier (Administration of Justice), Regulation Act, 1945 and the notification dated 08.06.2010 issued by the Government. 6. 5. Ms. R. Basar, learned Junior Govt. Advocate appearing on behalf of respondent No.3 submits that they had do not object to setting aside of the impugned show notice dated 12.05.2017 in view of the Assam Frontier (Administration of Justice), Regulation Act, 1945 and the notification dated 08.06.2010 issued by the Government. 6. Having heard the submissions by both the parties, this court finds that in view of the notification dated 08.06.2010 issued by the Govt. of Arunachal Pradesh wherein Officers of Grade-I of the Arunachal Pradesh Judicial Service were appointed as District Judges with jurisdiction and headquarters shown against their names and wherein in the said notification all the Deputy Commissioner/Additional Deputy Commissioners, Arunachal Pradesh were requested not to take up the trial of cases both Civil and Criminal including Institution till the Assam Frontier (Administration of Justice), Regulation Act, 1945 is suitably amended, it is seen that the Officer of Grade-I of Arunachal Pradesh, Judicial Service was appointed as District Judge, Sessions Division West which also covers the Kurung Kumey, District, having its Headquarters at Yupia Pampum Pare. The notification has also made clear that the Additional Deputy Commissioner does not have the jurisdiction to take up the execution of the Arbitration Awards dated 20.02.2008 and 27.02.2008. 7. Therefore, in view of the above observation and on the submissions made by both the parties, the impugned show cause notice dated 12.05.2017 passed by the learned Additional Deputy Commissioner, Nyapin, District Kurung Kumey, Arunachal Pradesh in Execution Application/Case No.NPN/Jud/5/2017 is quashed and set aside and the parties may approach the appropriate Forum for any redressal thereof. 8. Accordingly, CRP No. 19(AP) 2017 stands allowed and disposed.