ZHEKIYE VILLAGE Vs. KIYEKHU VILLAGE
LAWS(GAU)-2018-10-113
HIGH COURT OF GAUHATI (AT: KOHIMA)
Decided on October 30,2018

Zhekiye Village Appellant
VERSUS
Kiyekhu Village Respondents

JUDGEMENT

A.M.BUJOR BARUA, J. - (1.) Heard Mr. A. Zhimomi, learned counsel for the appellant Zhekiye village as well as Mr. C. T. Jamir, learned senior counsel for the respondent Kiyekhu village. It is stated that the Zhekiye village was earlier curved out from the Kiyekhu village sometime in the 1920's or there before leading to the circumstance where there now exists two villages, namely, Zhekiye village and Kiyekhu village. A dispute had arisen between the two villages as regards their inter-se boundary and in respect thereof, there exists an order dated 13.7.1929 of J.H Hutton, the then Deputy Commissioner of Naga Hills district passed in Pol. Case No.16/1929. The said order of 13.7.1929 inter-alia, described certain landmarks and provided that the landmarks described therein are fixed as the boundary between the Zhekiye village and Kiyekhu village.
(2.) It is also accepted that the order of 13.7.1929 of J.H. Hutton, the then Deputy Commissioner was confirmed by the order dated 10.12.1935 of N.L. Bor, the subsequent Deputy Commissioner, which was passed in Pol. Case No.82/1935.
(3.) In the aforesaid background, a dispute was raised by the villagers of Zhekiye village as regards the maintenance of the boundary between the two villages, which resulted in a proceeding before the Dobasis, which is an accepted authority under the Rules for the Administration of Justice and Police in Nagaland. The judgment and order dated 25.02.1993 of the Dobasis resulted in favour of Zhekiye village and the same was assailed by the Kiyekhu village before the Deputy Commissioner, resulting in Case No.05/1995. The Deputy Commissioner, Zunheboto before whom the said appeal was filed, had preferred to refer the dispute for its adjudication before the Political Assistant, which existed at that relevant point of time. The decision of the Political Assistant dated 4.7.1995 resulted in an equal division of the land between the Zhekiye village and Kiyekhu village. The said decision of the Political Assistant in Case No. 05/1995 dated 04.07.1995 was assailed by the Zhekiye village before the Additional Deputy Commissioner, Zunbehoto. As the appropriate Presiding Officer was not available, the proceeding was transferred to the Court of Additional Deputy Commissioner, Dimapur resulting in Civil Appeal No.01/1995.;


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