ORDER :

Michael Zothankhuma, J.

1. Hard Ms. Esther, learned counsel for the petitioner as well as Mr. V. Vero, learned Government Advocate for the respondent Nos. 1 to 3. No one appears for respondent No. 4, though this Court vide Order dated 25.10.2018 has held that there is deemed service of notice on respondent No. 4.

2. The petitioner's case in brief is that the petitioner belongs to the descendants of Terasangba of Kichu Clan of Mokokchung Village, which had given land to the Government, for establishment of the office of the Executive Engineer, PWD (Housing), Mokokchung Division. On the retirement of one Sh. Mir Singh Bahadur, who worked as a Carpenter Helper on 30.4.2018, the petitioner made an application dated 2.4.2018 praying to be appointed to the said vacant post, on the basis of being the descendant of the land owner/donor. The name of the petitioner, along with 2 others, was forwarded to the Government for consideration by the office of the Executive Engineer, PWD (H), Mokokchung Division. However, the respondent No. 4 was approved by the Government and he was appointed against the said vacant post, even though the name of the respondent No. 4 was not amongst the list of persons forwarded for appointment by the office of the Executive Engineer, PWD (H), Mokokchung Division. Further, the respondent No. 4 was not a land owner/donor, nor did he belong to the clan, which had donated the said land. Accordingly, the approval and appointment given by Government of the respondent No. 4 is under challenge in the present writ petition.

3. The petitioner's counsel submits that it has been the practice in the State of Nagaland that the land owners are given Grade-IV appointment under the Nagaland Government in lieu of donated land in the office establishment that has been built. Accordingly, the petitioner being a descendant of the land owner/donor, the petitioner has got a right to be considered for appointment to the said post in which the respondent No. 4 has been appointed.

4. The petitioner's counsel also submits that no descendant of the land owner/donor has ever been provided employment in the office of the Executive Engineer, PWD (H), Mokokchung Division, in lieu of the donated land till date.

5. Mr. V. Vero, learned Government Advocate has submitted a letter dated 1.3.2019, issued by the Engineer-in-Chief, NPWD, which states that the case of the respondent No. 4 had been reviewed. Thereafter, the Government approval letter dated 22.6.2018 and the appointment of the respondent No. 4 to the vacant post vide appointment Order dated 28.6.2018 have been cancelled vide Cancellation Order dated 17.11.2018. He accordingly submits that the present matter has become infructuous.

6. I have heard the learned counsels for the parties.

7. In the present case, there is nothing to show that the land owner/donor had entered into any oral or written agreement with the Government, which incorporated a condition to appoint the land owner/donor or his descendants to a Grade-IV post, in lieu of the land donated for construction of the office of the Executive Engineer, PWD (H), Mokokchung Division. In light of the above, this Court is of the view that no legal or fundamental right of the petitioner has been violated. Accordingly, the petitioner cannot be said to be an aggrieved person. Further, the Government of Nagaland have issued a Notification dated 5.3.2018, with regard to the manner of appointments to be made to a Grade-IV post under the Government of Nagaland on land ownership basis. This Notification dated 5.3.2018 has been taken into consideration by the Division Bench of this Court, while deciding WA No. 18(K)/2013, "Shri C. Alem Sangtam Vs. Shri N. Atovi Sema" vide Judgment & Order dated 26.6.2018.

8. The Notification dated 5.3.2018 is reproduced below:-

"Government of Nagaland

Land and Revenue Department

Notification

Dated Kohima, the 5th March, 2018

No. LR/6-181/LIT/2015: In pursuance of approval of the Cabinet vide O.M. No. CAB-2/2013 Dt.