THILIXU VILLAGE Vs. STATE OF NAGALAND
LAWS(GAU)-2018-2-93
HIGH COURT OF GAUHATI (AT: KOHIMA)
Decided on February 19,2018

Thilixu Village Appellant
VERSUS
STATE OF NAGALAND Respondents

JUDGEMENT

S.SERTO - (1.) Heard Mr. Taka Masa, learned senior counsel, appearing on behalf of the petitioner. Also heard Mr. T. B. Jamir, learned Senior Addl. Advocate General, Nagaland, appearing on behalf of the State Respondents No. 1 to 3, and Mr. N. K. Luikham, learned counsel appearing on behalf of private Respondent No. 4.
(2.) This is an application under Article 226 of the Constitution of India, praying for quashing and setting aside of the impugned: (i). restraining order No. GEN-3/JUD/2016-D/2428-33, dated 01.06.2017, issued by the Deputy Commissioner, Dimapur, (ii). order No. GEN-15/JUD/2016-D/2928-32' dated 14.06.2017, issued by the Deputy Commissioner, Dimapur, (iii). letter No. CNG-181 (K)/2014/1341, dated 13.06.2017, issued by the Commissioner, Nagaland, (iv). letter No. GEN-15/2016-D/2743-47, dated 08.06.2017, issued by the SDO(Civil), Dimapur, and, (v). Issuance of a direction to directing the respondent authorities to confirm boundaries of Thilixu Village on the basis of report submitted by the Deputy Commissioner, Dimapur, vide his letter No. REV-9/2001-D/10034-36, dated 18.12.2009.
(3.) The facts and circumstances which led to the filing of the present petition, are as follows: On 01.06.2017, vide his order No. GEN-3/JUD/2016-D/2428-33, dated 01.06.2017, the Deputy Commissioner, Dimapur, issued the restraining order stating as follows: "In pursuance to the Home Department Letter No. GAB-8/DMP/76/2012 Dated: Kohima, the 17th September, 2013 and this office letter No. GEN-5/2014-D/ Dated: Dimapur, the 19th May, 2014, the Thilixu Village and others at Rangapahar Wildlife Sanctuary are hereby ordered to maintained "Status Quo" till the matter is settled by the State Government. This order is for strict compliance by all concerned parties." The above stated order was conveyed to the petitioner by the Extra-Assistant Commissioner, Chumukedima, vide his letter No. JUD-1/2016-C/152-157 dated 13.06.2017. Thereafter, the petitioner received another order issued by the Deputy Commissioner, Dimapur, being GEN-15/JUD/2016-D/2928-32 dated 14.06.2017, stating as follows: "In pursuance to the Commissioner Office letter No. CNJ/181(K)2014/1341 Dated; 13th June 2017(Enclosed), all parties are hereby directed to stop all the activities on the land in dispute till the matter is settled by the State Government. This is for your compliance and strict compliance." A copy of the same was received by the petitioner since it was endorsed to him also. On 13.06.2017, the Commissioner to the Government of Nagaland vide his letter No. CNG/181(K)/2014/1341 dated 13.06.2017, directed the Deputy Commissioner, Dimapur, as follows: "Sub: Land Dispute between Thilixu Village and Mishikito Village: Matter thereof. Sir, With reference to the subject above and your letter No. GEN-15/JUD/2016-D/2425-27, dated 13.05.2017, I am to inform you that the case for recognition of Mishikito Village is pending before the Government. until a decision is taken by the government, you are directed to banning all activities on the land in dispute with a view to maintain public peace and tranquility. This is for favour of your information and necessary action." After the said order was issued, on 14.06.2017, the Deputy Commissioner, Dimapur, issued a summon directing Shri Atoshe L. Yeptho, and the Chairman, Village Council, Thilixu Village along with 2(two) members, to report to his Office Chamber on 19.06.2017 at 2PM in connection with the land dispute between Thilixu Village and Mishikito Village. Pursuance to this letter, the Deputy Commissioner, Dimapur, on the same date i.e. 14.06.2017, passed the following order: "In pursuance to the Commissioner Office letter No. CNJ/181(K)2014/1341 Dated; 13th June 2017 (Enclosed), all parties are hereby directed to stop all the activities on the land in dispute till the matter is settled by the State Government. This is for your compliance and strict compliance." Thereafter, the Sub-Divisional Officer (Civil), Dimapur, wrote a letter dated 8.6.17 under Memo. No. GEN-15/JUD/2016-Dimapur, to Commissioner of Police, Dimapur, stating as follows: "Sub : Complaint against illegal construction of Church Building in violation of Restraining Order No. GEN-3/JUD /2016-D Sir, With reference to the subject cited above, I am directed to forwarded herewith the application received from Shri L. Atoshi Yeptho, Chairman, Mishikito Village along with the restraining order issued by this office vide No. GEN-3/JUD/2016-D/2628-33 Dated 1st June 2017(Enclosed). Mention may be made that this office had received a complaint letter from Mishikito Village Council Dated: 08.05.2017 and also a report submitted by the Extra-Assistant Commissioner, Chumukedima, vide No. JUD-I/2016-C/2628-33 Dated: 1st June 2017. However, this office is in receipt of another written complain letter on the ongoing illegal construction activities being continued dated 07.06.2017(Enclosed). In this regard, you are requested to kindly depute police personnel to the spot to ensure that the restraining order issued on 01.06.2017 is adhered to by all concerned parties and requested to intimate this office at the earliest from your end. This is for favour of your information and the matter may be treated as most urgent please." Aggrieved by the above restraining order (s), the petitioner has come to this Court by filing the instant petition and praying, as stated above. ;


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