P K. Musahary, J.

1. Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. Wati Jamir, learned Counsel for the Petitioner. Also heard Mr. L S Jamir, learned Additional Advocate General, Nagaland and Mr. Taka Masa, learned Counsel, appearing for Respondent No. 6.

2. The Petitioner village council, represented by its acting Chairman, challenges the order dated 18.6.2009 passed by the Political Assistant to the Deputy Commissioner, Peren and order dated 28.8.2009 passed by the Deputy Commissioner, Peren whereby the Petitioner village has been directed to dismantle all the makeshift in the jhum kheti within two months and leave the place. The facts leading to passing of the aforesaid impugned orders are narrated hereunder:

3. The Petitioner is a traditional village established sometime in the 18th Century. They belong to a particular Naga tribe. Inter-tribe conflict and warfare was prevalent amongst them in the older days. The Petitioner village was subjected to constant warfare from the neighbouring villages. They could not resist the warring neighbour tribe and as a result the Petitioner-village had to leave the traditional village for a secured place. They left/abandoned