ZOTHANSANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Zoramchhana, learned counsel for the petitioners and Ms. Mary L. Khiangte, learned Government Advocate appearing for the respondent Nos. 1 to 4. Also heard Mrs. Dinari T. Azyu, learned counsel appearing for the respondent No. 6. None appears for the respondent No. 5.

(2.) This Court vide Order dated 11.02.2021 indicated that if the respondent No. 5 remains unrepresented on the next date, the matter will be proceeded ex-parte against the said respondent. The respondent No. 5 is again not represented today despite service of notice and as such, the matter is proceeded ex-parte against her.

(3.) Brief facts as projected by the petitioners is that they are owners of their respective plots of land covered by Land Settlement Certificate Nos. 103201/01/604 of 2002 and 103201/01/605 of 2002. One Sh. JC Sengluaia disputed the Land Settlement Certificates of the petitioners by contending that the same encroached upon his land which was covered by LSC No. AZL.1891/1986. He therefore filed Civil Suit No. 127/2010 before the Court of Civil Judge, Aizawl. The Civil Suit on contest was dismissed by the Court below. However, during the pendency of the Civil Suit, the two LSCs were transferred in the name of the respondent No. 5 at the behest of the respondent No. 6, who is also the mother of the petitioners purportedly on the basis of Sale Deeds, which were not even signed by the original LSCs holders, i.e., the petitioners themselves. Being aggrieved, the petitioners filed a joint representation on 17.07.2018 before the Director of Land Revenue & Settlement Department (respondent No. 2) praying for the cancellation of the transfer of land belonging to them to the respondent No. 5. However, the representation remain unattended and therefore, the petitioners filed WP(C) No. 38/2019 before this Court. This Court, upon having regard to the pending representation disposed of the writ petition on 28.03.2019 by directing the respondent No. 2 to consider and dispose of the representation of the petitioners by way of a speaking order within a period of 1 (one) month from the date of receipt of a certified copy of the order.