JUDGMENT :

Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. Aliba Ozukum, learned counsel for the petitioner. Also heard Ms. A. Ayemi, learned Government Advocate appearing for the State respondent Nos. 1, 2 and 3, Mr. Z.N. Ngullie, learned counsel appearing for the respondent No.4 and Mr. Limawapang, learned counsel appearing for the respondent No.5.

2. The Puranabazar ‘B’ Village Council by an allotment certificate dated 06.06.2006 allotted a plot of land measuring 70x70 to one Shri. Mughaho S/o Yekuto. Thereafter, the petitioner purchased the said plot of land from the said Shri. Mughaho by executing a Sale Deed dated 12.12.2010. A No Objection Certificate was also issued by the Chairman of the Village Council of Puranabazar ‘B’ Village Council with regard to the ownership of the land measuring 70x70 sq.ft by the petitioner. The petitioner made an application for regularization of his plot of land before the Deputy Commissioner, Dimapur, Nagaland and accordingly, after following due process, the Deputy Commissioner, Dimapur issued an order dated 25.08.2014 regularizing a plot of land under Dag No.104 measuring an area of 00B-02K-03Ls at Puranabazar in the name of the petitioner. Thereafter, Jamabandi in respect of Dag No. 2315 for an area of 00-02-03 was issued on 26.08.2014 on the basis of the regularization order dated 25.08.2014 issued by the Deputy Commissioner, Dimapur, Nagaland. The petitioner thereafter, was in peaceful possession of the said land.

3. In the meantime, the respondent No.4 filed a complaint dated 21.06.2017 before the Deputy Commissioner, Dimapur, Nagaland with regard to land dispute at Puranabazar ‘B’ Village covered by Patta No.1145, Dag No.104/1703. In terms of the complaint made by the respondent No.4, the Deputy Commissioner, Dimapur, Nagaland by a letter dated 23.06.2017 addressed to the Head Dobashi of the Office of the Deputy Commissioner, Dimapur, Nagaland directed them to verify the spot and submit report on or before 30.06.2017. Thereafter, by Summon Notice dated 17.12.2018, the Deputy Commissioner, Dimapur, Nagaland directed the petitioner and the respondent No.4 to appear in his Court on 12.12.2018 along with all original documents in support of their respective claims. Thereafter, the impugned order dated 17.12.2018 was issued by the Deputy Commissioner, Dimapur, Nagaland stating the Patta No. 1675 was regularized in favour of the petitioner without the approval of the Government and in violation of the Notification NO.LR/4-9/82(P) Feb, 1992 issued by the State Government, Department of Land Revenue. It was also stated that the village authority is not empowered by the Government to issue land allotment order to any individual or organization under the cadastral area. Accordingly, the order dated 25.08.2014 by which the land of the petitioner was regularized and Patta No. 1675 were declared cancelled as well as the Allotment Certificate No. 73 issued by the Puranabazar ‘B’ Village Council was also declared null and void. The Surveyor incharge of Revenue Record was also directed to delete the records in terms of the order dated 17.12.2019. Consequent to the order dated 17.12.2018 passed by the Deputy Commissioner, Dimapur, Nagaland, Eviction Order dated 16.03.2019 was issued to the petitioner directing to vacate/dismantle his illegal occupation/construction in the land covered by Patta No.1145 Dag No.104/1703 measuring an area of 05B-04K-09Ls at Puranabazar.

Being aggrieved with the order dated 17.12.2018 and the Eviction Order dated 16.03.2019, the petitioner is before this Court.

4. It is the case of the petitioner that the Puranabazar Village is a traditional village established in the year 1942 which is authenticated by the list of villages/towns/compounds with number of houses and GBs in Nagaland as on 1st April, 2002 issued by the Office of the Commissioner, Nagaland, Kohima wherein, the name of Puranabazar ‘B’ Village is listed at Serial No. 16 with 51 houses 2 GBs and shown