- (1.) LEAVE granted.
(2.) IN respect of the land dispute between Zhekiye village and Kiyekhu Village in the District of Junehboto, Nagaland. Case No. 5 of 1995 was filed before the Dobhasi Court. From the order of that Court an appeal was filed in the Court of two political Assistants to Deputy Commissioner, Junehboto. Against the decision of the said Court Civil Appeal No. 1/95 has been filed in the Court of the Additional Deputy Commissioner (Judicial) Dimapur, Nagaland and is pending. The Additional Deputy Commissioner in the course of hearing the appeal has ordered as follows : "IN the light of the above observations before pronouncing judgment of the appeal, I would call for additional evidence if any, to prove that the judgment order of J.H. Hutton existed and in its proper value (sic) and as to who is in possession of the suit land till atleast 1992 and also call the parties to submit translated copies of the evidence adduced in lower court and any other issue the parties may further suggest." This order was challenged before the High Court by the 1st respondent by filing an application under Article 227 of the Constitution read with Section 151 of the Civil Procedure Code. The High Court has set aside this order. Before doing so the High Court called for the original registers where the orders of J.H. Hutton dated 13.7.1929 passed in Political Case No. 16/29 as also of N.L. Bor dated 10.12.1935 passed in Political Case No. 82/35 are recorded. The High Court has held that these orders as recorded are in existence and can be accepted as having been passed. It has further directed the Additional Deputy Commissioner not to go into the question as to who is in possession of the land up to 1992. We fail to see how the High Court could have interfered under Article 227 at a stage when the appeal is yet to be decided by the Additional Deputy Commissioner. However, since the High Court took the trouble of actually obtaining the old registers in which the said two orders are recorded that part of the High Court's, order which records that these two orders are genuine documents as recorded in the original register produced before the High Court, need not be disturbed.
(3.) THE Additional Deputy Commissioner however, will decide all other questions including the legal effect of these documents in accordance with law in the pending appeal. In the premises the impugned order of the High Court. In so far as it gives other directions or interferes with the other directions of the Additional Deputy Commissioner, is set aside. All contentions raised in the pending appeal by both the parties will be decided by the additional Deputy Commissioner in accordance with law. The appeal is disposed of accordingly.;