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2023 Supreme(Gau) 449

KAKHETO SEMA
L. Tsukjemwapang S/O Lt. R. Longritemsu – Appellant
Versus
State Of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Imti Longjem, Ms. Esther, Ms. Vinitoli Ms. Lhousino, Advs.
For the Respondent: Mr. V. Zhimomi, Govt. Adv., Mr. C.T Jamir, Sr. Adv. Mr. I. Imchen, Mr. Aliba Ozukum, Ms M. Rutsa, Advs.

JUDGMENT :

Heard Mr. Imti. Longjem, learned counsel for the petitioner, Mr. V. Zhimomi, learned Government Advocate for the State respondent No. 1 & 2 and Mr. C. T. Jamir, learned Sr. counsel for the respondent No. 3 assisted by Mr. I. Imchen, learned counsel.

2. The present writ petition has been filed seeking for the following relief;

    “A. Quash and set aside Order No. LAW/JE-42/2012 dated 10/08/2017 (Annexure-6) and Order No. LAW/JE-42/012 dated 11/08/2017 (Annexure-7) in so far as the respondent No.3 is concerned.

B. Direct the State respondents to appoint the petitioner to the post of Peon in the Office of the Principal District & Sessions Judge, Mokokchung on the basis of landownership in place of the respondent No.3.”

3. The case of the petitioner in a nutshell is that the respondent No. 3 who is not the land owner cannot be appointed as a peon in the Office of the Principal District & Sessions Judge, Mokokchung, by depriving the landowner(s). The case in brief is as follows;

    i) That by the letter dated Nil address to the Commissioner & Secretary, Department of Justice & Law, Nagaland, Kohima, the petitioner applied for the post of Peon in the Office of the District & Sessions Jud

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