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2023 Supreme(Gau) 433

KAKHETO SEMA
Thejangulie Kachari, S/o. Lt. Bijoy Kachari – Appellant
Versus
State of Nagaland represented by the Chief Secretary to the Government of Nagaland, Kohima – Respondent


Advocates Appeared:
For the Petitioner: Ms. Z. Zhimomi, Mr. Toshi-o Longkumer, Ms. S.K. Achumi.
For the Respondents: Ms. V. Suokhrie, Addl. Adv. General, Mr. N. Mozhui, Ms. K. Kire, Ms. N. Rupreo, Mr. P. Mere.

JUDGMENT :

Heard Ms. Z. Zhimomi, learned counsel for the petitioner and Ms. V. Suokhrie, learned Addl. Advocate General for the State respondents. Also heard Mr. N. Mozhui, learned counsel for the respondent No.4.

2. The present writ petition has been filed by the petitioner impugning the order dated 23/11/2017 passed by the Deputy Commissioner, Dimapur, dismissing the claim made by the petitioner on the land covered by Dag No. 31, Block No. 8 in Dimapur Mouza, and directing the petitioner not to disturb the peaceful occupation of the land by the respondent No.4.

3. The case of the petitioner in brief is recited as under;

    (i) The petitioner is the son of late Bijoy Kachari and the grandson of late Jai Kisar Kachari. The petitioner’s grandfather, Jai Kisar Kachari had three sons namely, Arun Kachari, Bijoy Kachari & Komal Kachari. The eldest son Arun Kachari expired on 29/05/1986, the second son Bijoy Kachari expired on 29/06/2012 and the third son Komal Kachari expired on 16/04/2021. It is the case of the petitioner that presently he is the only surviving heir of late Jai Kisar Kachari and therefore entitled to inherit the land/properties lawfully belonging to the family.

(ii) That by t

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