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2006 Supreme(Gau) 106

AFTAB H.SAIKIA
Viyishe Sema – Appellant
Versus
State of Nagaland – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: T. Koja, Adv.
For Respondents/Defendant: Y. Longkumar and Z. Zimomi, Advs.

JUDGMENT

A.H. Saikia, J.

1. Heard Mr. T. Koja, learned Counsel for the Petitioners and Ms. Y. Longkumar, learned State counsel as well as Ms. Z. Zimomi, learned Counsel appearing for the Respondent Nos. 4 and 5.

2. Taking into account the nature of controversy raised in this writ petition that relates to cross of the two Petitioners vis-a-vis Respondent Nos. 4 and 5 and as agreed to by the learned Counsel for the parties, this Court proposes to disposes of this writ petition at the order stage.

3. The Petitioners have challenged the order of cross transfer dated 13.5.04 which was earlier kept in abeyance vide order dated 25.6.04 and being renewed the same by order dated 25.1.05 on the sole ground that the same has been passed on behest of the political highups.

4. It is contended that this arbitrary exercise of power of cross transfer was initiated by the competent authority since 7.10.03 when the first exactly similar cross transfer order was issued and the same was kept in abeyance vide order, dated 23.10.03. Again by the impugned order dated 13.5.04 the order of similar nature to the initial order dated 7.10.03, was issued which was stayed as mentioned above. Now after almost one yea

















































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