JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. N. Mozhui, learned counsel assisted by Ms. N. Rupreo, appearing for the petitioner and also heard Mr. Taka Masa, learned Senior Advocate assisted by Mr. Arenlong, appearing for the respondent.

2. This is an application under Article 227 of the Constitution of India, read with Rule 32 of the Rules for Administration of Justice and Police in Nagaland, 1937 (For short the Rules) and Section 151 of the Code of Civil Procedure, 1908, for quashing the Political Case No. 3/2021 pending before the Dobashi’s Court, Kohima; for quashing the communication dated 06.04.2021 to the President of the Tholo Nakhro clan, as well as also the show-cause notice dated 29.04.2021 issued by the Head Dobashi’s Court, Kohima, to the petitioner stating inter-alia, if the petitioner failed to appear, a warrant of arrest would be issued against him.

3. The case of the petitioner in brief is that a dispute arose between the petitioner’s clan i.e. Tholo Nakhro clan and one Mr. Rokonizo. The petitioner’s clan being aggrieved with the decision of the Dobashi’s Court dated 17.04.2012 preferred an appeal before the Assistant to the Deputy Commissioner (Judicial), Kohima, now designated as Civil Judge (Senior Division), Kohima. The said Appeal was registered as Civil Appeal No. 4/2012. Vide Judgment and Order dated 31.10.2014, the Court of the Civil Judge Senior Division, Kohima, allowed the Appeal thereby setting aside the decision dated 17.04.2012 of the Dobashi’s Court. The said Mr. Rokonizo thereafter preferred an appeal against the Judgment and Order dated 31.10.2014, before the Principal District Judge, Kohima, which was registered and numbered as Civil Appeal No. 01/2015, and it is presently pending before the Principal District Judge, Kohima.

4. The petitioner’s further case is that the respondent herein was not a party to the said proceedings between the petitioner and Mr. Rokonizo. The respondent filed Complaint on 23.10.2019 before the Deputy Commissioner, Kohima. The Deputy Commissioner, Kohima, endorsed the case to the Political Agent to the Deputy Commissioner, Kohima. On the basis of the said Complaint dated 23.10.2019, the Political Agent to the Deputy Commissioner registered the case as Political Case No. 1/2019 and issued Summons dated 28.10.2019 to the petitioner’s clan directing them to appear on 11.11.2019. The petitioner’s clan on receipt of the said Summons dated 28.10.2019 submitted a representation dated 07.11.2019 requesting the Deputy Commissioner, Kohima to immediately revoke the Political Case No. 1/2019 as the dispute over the same is pending before the Court of the Principal District Judge, Kohima in Civil Appeal No. 1/2015. However, inspite of the said representation, the Political Agent to the Deputy Commissioner issued Summons dated 11.11.2019 directing the petitioner’s clan to appear before him on 20.11.2019. Being aggrieved by the said Summons dated 11.11.2019, the petitioner’s clan filed a Civil Revision No. 8(K)/2019 before this Court challenging the said Political Case No. 1/2019 and the summons issued in the said case. This Court vide Order 30.01.2020 allowed the said petition thereby quashing and setting aside Political Case No. 1/2019 and the Summon issued by the Political Agent to the Deputy Commissioner and the Respondent herein was directed to approach the competent court for redressal of his grievances strictly as per The Rules. The relevant portion of the said Order passed by this Court on 30.01.2020 is quoted herein-below:

“Mr. Taka Masa, learned senior counsel fairly submits that the P.A. to Deputy Commissioner is not authorized to take up cases and in fact it is the Dobashis to take up such cases on being referred by the Deputy Commissioner or the Addl. Deputy Commissioner or Assistant to Deputy Commissioner as the case may be in terms of Rule 23 A of the Administration of Justice Rules.

Upon considering the submissions made by the parties and on perusal of the materials avail