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SOUMITRA SAIKIA
Honito Shohe Represented By Shri. Akhalu Achumi – Appellant
Versus
State Of Nagaland, Represented By The Chief Secretary – Respondent
JUDGMENT :
Soumitra Saikia, J.
Heard learned counsels for the parties.
2. This Writ Petition is directed against the Order No. REV-02/2018- D/5273-77 dated 11.08.2023 passed by the Revenue-cum-Resettlement Officer, Dimapur, Nagaland, whereby the petitioner was directed to dismantle the kacha house constructed by his Attorney holder Shri Akhalu Achumi, vacate the premises and hand over the said land to the respondent No. 4, namely National Spiritual Assembly of the Baha’is of India. The petitioner was directed to hand over the land free from all encumbrances within 14 (fourteen) days from the date of the receipt of the Order. This Court, by Order dated 22.08.2023 while issuing notice directed parties to maintain status-quo on the concerned land and further directed the respondent Nos. 2 and 3 not to take recourse to any action for cancellation of Patta No. 1683 Dag No. 19/1845 in Block No. 9, Mouza No. 2, measuring an area of 1 Bigha 2 Kathas 3 Lechas.
3. Learned counsel for the petitioner submits that the land has been in possession of the petitioner since 1989 and it was regularised in the year 2010, by the Deputy Commissioner, Dimapur by issuance of Jamabandi/Patta in favour of the p
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
Only civil courts have jurisdiction to determine ownership and rights over land, while administrative authorities must adhere to the statutory framework, as established in this case.
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
The court's decision emphasized the need for convincing evidence to support allegations of forgery and illegal deprivation in land acquisition cases, and the requirement for a full-fledged trial for ....
The main legal point established in the judgment is the requirement to adhere to principles of natural justice and the prescribed method and procedure when exercising statutory powers.
The court affirmed the eviction order but quashed the damages due to lack of conclusive evidence and procedural irregularities in the assessment of damages.
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