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2024 Supreme(Gau) 630

DEVASHIS BARUAH
Hevuto Chishi – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Zhimomi.

JUDGMENT :

DEVASHIS BARUAH, J.

1. This is an application under Article 227 of the Constitution of India challenging the Judgment dated 25.04.2022 passed by the learned Court of the District Judge, Zunheboto, Nagaland, whereby the appeal filed by the respondent herein was allowed, thereby setting aside the Settlement Order dated 02.02.2012, passed by the Dobashi Court Akuluto under Zunheboto district on the ground that it lacked jurisdiction.

2. The issue involved in the instant proceedings is, however, on account of the further observations given in the impugned Judgment whereby liberty was granted to both the petitioner as well as the respondent to approach the Court of competent jurisdiction by filing proper suit for declaration and determination of issues relating to the claim for appointment of Gaonburaship (GB/Chieftainship) at Sutemi Village as per Sumi Naga customary laws and practices, if so advised. The issue involved in view of the said directions is what happens to the Order dated 04.10.2011, which was passed by the Sutemi Village Authority in as much as whether the Civil courts would have the jurisdiction to interfere with the said Order in view of a statutory appeal provi

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