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.

JUDGMENT & ORDER :

YARENJUNGLA LONGKUMER, J.

The petitioners in the present writ petition are residents of Purana Bazar ‘B’, stated to be a recognized village in Nagaland. It is contended in the petition that the Nagaland Village Councils Act of 1978 provides that any land belonging to the village can be allotted only by the village council to any individual.

2. The brief facts of the petitioner’s case is that Dag No. 104 is a water-logged area of land measuring 195B-1K-3L under the Purana Bazar B village Dimapur established in the year 1942. It is stated that the scale map of the village prepared by the District Administration in 1971-72 clearly shows Dag No. 104 within the village boundary. It is stated that the said land is village land and recognized as such by the Nagaland Village Council Act 1978. In 1973 the Purana Bazar Cooperative Joint Farming Society Ltd., consisting of some members of the village, applied for settlement of Dag No. 104 and the then Sub- Divisional Officer (Civil), Dimapur, by Order dated 22.03.1973, allowed temporary settlement of the said land to the Society, pending finalization of the map and subject to approval of the Deputy Commissioner, Kohima.

3. It is further stated in the writ petition that the Village Council of Purana Bazar B allotted portions of Dag No. 104 to the villagers and the petitioners are also beneficiaries of such allotments.

4. It is further stated that in the year 2006, one Shri. T. A. Ngullie encroached into Dag No. 104 by erecting boundary pillars claiming that he had been allotted the same by the Government in 1986. The Purana Bazar B Village Council offered strong resistance to protect their village land, and thereafter Shri. T.A Ngullie did not take possession of Dag No. 104.

5. At this juncture, the respondent No. 4 and one Smti Kuholi Achumi claimed ownership over the Dag No. 104 claiming to have purchased the land from Shri T.A. Ngullie. And in the year 2020, they started earth filling work in all the areas of Dag No. 104. Thereafter the petitioners immediately stopped the ongoing work and compelled them to vacate the land along with all the machinery.

6. Meanwhile Smti Kaholi Achumi filed a Civil Suit registered as Civil Suit No. 01/2020 before the Court of Civil Judge, Senior Division, Dimapur Nagaland, impleading the petitioner Nos. 1 and No. 21 as defendants, seeking a decree for declaration of right and title over the land and perpetual injunction restraining the defendants from disturbing the plaintiff from developing the land. The said civil suit is still pending before the Court of Civil Judge Senior Division, Dimapur. On 15.10.2020, the respondent No. 4 again encroached upon the Dag No. 104 with laborers and started erecting thatch houses. When the villagers/petitioners confronted him, he produced a restraining Order dated 14.10.2020, issued by the Deputy Commissioner, Dimapur.

7. The petitioners therefore submitted a representation before the Deputy Commissioner, Dimapur dated 31.10.2020 praying for immediate revocation of the restraining order dated 14.10.2020. However the Deputy Commissioner, Dimapur did not vacate the restraining order dated 14.10.2020 and instead directed all parties concerned to maintain status quo until the matter was disposed of.

8. Being aggrieved by the restraining Order dated 14.10.2020, the petitioners preferred a writ petition being WP(C)