JUDGMENT :

[Devashis Baruah, J.]

1. Heard Mr. K.N. Balgopal, learned Advocate General and Mr. T.B. Jamir, the learned Senior Additional Advocate General assisted by Ms. Nitya Nambin and Mr. Vitsorio, the learned counsels appearing on behalf of the State of Nagaland. We have also heard Mr. A. Zho, the learned counsel appearing on behalf of the Appellants in WA No.34(K)/2010 and WA No.35(K)/2010 and Mr. Imkong Jamir, the learned counsel appearing on behalf of the private respondent.

2. All the 4 (four) appeals arises out of the common judgment and order dated 19.11.2010 passed by the learned Single Judge in WP(C) No.31(K)/2006 and WP(C) No.60(K)/2006. In order to appreciate and consider the appeals before us which challenges the legality of judgment and order dated 19.11.2010 (for short referred to as the impugned judgment and order), it would be relevant to take note of the facts of the case. For the sake of convenience, the Parties herein are referred in the same status as they stood in WP(C) No.31(K)/2006.

CASE OF THE PETITIONERS IN WP(C) NO.31(K)/2006

3. The writ petitioners in WP(C) No.31(K)/2006 claim that after the 1970 Re-settlement operation, a plot of land measuring 40 Bighas was allotted by the competent authority in favour of the Petitioner No.1 under Dag No.36 covered by Patta No.19 on 12.08.1971. On the basis of the said allotment, as claimed by the Petitioners in WP(C) No.31(K)/2006, the name of the Petitioner No.1 was duly recorded in the revenue records i.e. in the Chitha Register and the Jamabandi maintained in the Office of the Deputy Commissioner, Dimapur. As the Petitioner No.1, was suffering from serious illness, he by a Power of Attorney dated 17.05.1991 appointed the Petitioner No.2 to represent him before any Court in connection with the land covered by Dag No.36 of Patta No.19. On that very day, the Petitioner No.2, as the Attorney of the Petitioner No.1, lodged a written complaint before the Additional Deputy Commissioner, Dimapur, complaining that the Respondent No.3 had started encroaching upon the land of the Petitioners. The said complaint was not responded to by the Revenue Authorities for which another complaint was filed in the 1st week of September, 1991 and thereupon the Additional Deputy Commissioner, Dimapur vide an order bearing No.LD-14/91/D dated 09.09.1991 directed both the Petitioners and the Respondent No.3 to occupy their own lands at 7th Mile according to the allotments under Dag No. 2, Dag No.6 and Dag No.36 respectively.

4. It is the further case of the Petitioners in WP(C) No.31(K)/2006 that pursuant to the order dated 09.09.1991, the Petitioners continued to possess the land without any disturbance. However, between 2002-03, the Respondent No.3 using physical force brought a stone crusher to the land of the Petitioners thereby started encroaching again, for which, the Petitioners objected and submitted several written complaints to the competent authorities to take necessary action against the Respondent No.3. Subsequent thereto, on 01.10.2005, the Deputy Commissioner, Dimapur, vide an order bearing No.VLS-4/95-D/10007-10 rectified the Patta No.14 whereby a plot of land under part of Dag No.6, measuring 48 Bighas 3 Kathas 9 Lechas was recorded in the name of the Respondent No.3.

5. The Petitioner No.2 vide a communication dated 07.11.2005, addressed to the Deputy Commissioner, Dimapur, Nagaland, (Respondent No.2) requested for issuance of necessary orders to identify the land under Dag No.36 covered by Patta No.19 at 7th Mile, Dimapur in order to prevent breach of peace between the parties and also sought review of the rectification order No. VLS- 4/95-D/10007-10 dated 01.10.2005 for the interest of justice and to maintain peace in the locality. The Respondent No.2 vide a communication requested both the Petitioners and the Respondent No.3 to appear in his Office on 24.11.2005.

6. Th