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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
YARENJUNGLA LONGKUMER
Viwoto Yeptho @ Vihoto – Appellant
Versus
State Of Nagaland – Respondent
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 i
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.
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
The Court ruled that public authorities must provide reasons for their decisions, and failure to do so violates Article 14 of the Constitution.
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 court affirmed that unchallenged land settlement orders establish ownership rights, overriding claims of prior possession without legal backing.
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