IMPORTANT POINT
The main legal point established in the judgment is that the Orders passed by the authorities must adhere to the mandate of the Rules of 1937, and the failure to do so may result in the finality of the Orders.

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 provided under the Rules for Administration of Justice & Police in Nagaland, 1937 (for short ‘Rules of 1937’).

3. To appreciate and understand the issue, this Court finds it relevant to trace out the history of the instant litigation leading to the filing of the instant proceedings infra.

4. A dispute arose between the petitioner and the respondent as regards who would ascend to the Gaonbura/Chiefmanship of the Sutemi Village as per the Sumi Naga Customary Law. The respondent approached the Village Council Court of Sutemi Village on 12.09.2011, seeking for declaration and restoration of his right to Gaonburaship of Lokobomi Group of Sutemi Village. The Sutemi Village Authority decided the said dispute by passing an Order on 04.10.2011. The said Order of the Sutemi Village Authority went against the petitioner herein. The petitioner being aggrieved preferred an appeal before the Deputy Commissioner, Zunheboto, in terms with Rule 31 of the Rules of 1937. The Deputy Commissioner, Zunheboto, endorsed the appeal for disposal to the SDO(C), Akuluto.

5. The problem arose in view of the further steps taken by the SDO(C), Akuluto, in as much as the said official, instead of exercising the powers under Rule 31 of the Rules of 1937 exercised the powers under Rule 23A of the said Rules of 1937 and thereby referred the matter to the Dobashi Court, Akuluto, for a decision. This resulted in an Order being passed by the Dobashi Court on 02.02.2012.

6. The said Order dated 02.02.2012 of the Dobashi Court went against the respondent herein. The respondent herein filed an appeal again before the Deputy Commissioner, Zunheboto, in terms with Rule 31 of the Rules of 1937. The said appeal was endorsed by the concerned Deputy Commissioner to the PA to the Deputy Commissioner and on the basis thereof, a Settlement Order was passed on 07.10.2013.

7. The Order dated 07.10.2013 was put to challenge before this Court in WP (C) 210(K)/2014 by the petitioner herein. This Court, vide an Order dated 13.05.2016 set aside the said Settlement Order dated 07.10.2013 on the ground that the PA to the Deputy Commissioner could not have passed the said Order dated 07.10.2013. However, in doing so, the respondent herein who had filed an appeal earlier against the Order dated 02.02.2012 was granted the liberty to prefer an appeal for setting aside and quashing the Settlement Order dated 02.02.2012 passed by the Dobashi Court, Akuluto, Zunheboto district.

8. It is under such circumstances an appeal was preferred by the respondent herein before the Court of the District Judge, Zunheboto, which was registered and numbered as FA/1/2016. The learned District Judge, Zunheboto, Nagaland (hereinafter referred to as ‘the learned Court below’) interfered with the Order of 02.02.2012 passed by the Dobashi Court o