Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Kakheto Sema, J
The Gauhati High Court Represented By The Registrar Gauhati High Court Kohima Bench – Appellant
Versus
Shri T. Akumba Yimchunger S/o R. Tohanba Yimchunger And 5 Ors – Respondent
I.A.(Civil) 101 / 2024
(A) Constitution of India - Article 226(3) - Writ petition concerning land ownership and eviction orders - The petitioner challenged the restraining and eviction orders issued by the Deputy Commissioner, asserting rights over the land. The court held that Article 226(3) is not directory, leading to the automatic vacation of interim orders if not disposed of within the stipulated time. (Paras 17, 21, 22)
(B) Eviction Orders - The court emphasized that ad-interim orders become interim orders only after hearing all parties involved. (Paras 18, 21)
(C) Status-Quo - The court directed parties to maintain status-quo regarding the disputed land pending further orders. (Paras 9, 22)
Facts of the case:
The petitioner, owner of land in Kohima, faced eviction orders for alleged illegal encroachment. The petitioner contended that the orders were issued without due process.
Findings of Court:
The court ruled that the interim order directing status-quo was vacated due to non-compliance with Article 226(3).
Issues: The main issues included the interpretation of Article 226(3) and the validity of the eviction orders.
Ratio Decidendi: The court concluded that Article 226(3) is mandatory, and failure to dispose of applications within the prescribed time results in the vacation of interim orders.
Result: Application allowed.
| Table of Content |
|---|
| 1. petitioner owns land (Para 2) |
| 2. land patta issued (Para 3) |
| 3. gifted portion of land (Para 4) |
| 4. restraining order issued (Para 5 , 6) |
| 5. petitioner asserts rights (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. order vacated (Para 22 , 23) |
JUDGMENT :
(KAKHETO SEMA, J.)
Heard Mr.A. Zhimomi, learned counsel for the applicant, Mr. Imti Imsong, learned Addl. Advocate General for the State respondents and Ms.Nuksungtila, learned counsel for the opposite party No. 1/petitioner.
2. The facts of the case as projected by the opposite party No.1/writ petitioner in the writ petition is that the petitioner is the owner of a plot of land situated in Ward No. 16, New Minister’s Hill, Kohima, Nagaland. The petitioner resides in House No. C/109 on the said land.
3. That the petitioner brought the land in the year 2010 from one Kevikhelie Sorhie of Kohima Village. The petitioner thereafter applied for the land patta and the office of the Deputy Commissioner, Kohima, after following the due procedure issued the Patta No. (New) 8161, Plot No. 5414 vide Allotment Order No. REV/PATTA-2/2012 dated 30/06/2014 at New Minister’s Hill Kohima, for the land measuring 11517 sq. ft.
4. That out of the land allotted to the petitioner a portion of the land measuring 3120 sq. ft. was gifted to one Shri. P. Shokum Yimchunger, the petitioner’s maternal uncle, by executing the gifted deed dated 17/10/2016.
5. That on 12/04/2017, the petitioner was issued the Land Patta Book No. 1119 against the Allotment Order No. REV/TRANS-1/2017 dated 12/04/2017 bearing Patta/Permit No. 9791(P)/8161(old), Dag/Plot No. 5414 ‘A’, for the land measuring an area of 6673 Sq. ft. in Block/Ward New Minister’s Hill, Kohima. The petitioner has accordingly paid the land revenue for the said land.
6. That the office of the Deputy Commissioner, Kohima, Nagaland, has however issued the restraining order dated 16/06/2023 to the petitioner, conveying therein that the petitioner is illegally encroaching and undertaking construction activities within the Hon’ble Judges Bungalow No. AH/44 at New Minister’s Hill, Kohima. The petitioner has accordingly been restrained from undertaking any construction works within the said site. The petitioner has also been asked to submit his landed documents within 15(fifteen) days from the date of receipt of the order.
7. Against the restraining order dated 16/06/2023, the petitioner has submitted his reply to the Deputy Commissioner, Kohima on 30/06/2023 asserting his rights on the land and requesting the Deputy Commissioner, Kohima to recall and set aside the restraining order dated 16/06/2023.
8. That on 29/11/2023, at about 9:30 A.M, the respondent No.4 i.e. the Revenue-cum-Settlement Officer, Kohima, Nagaland, along with some Dobashis and Police personnel met and directed the petitioner to vacate the premises. The petitioner was also asked to collect the eviction order from the office of the Deputy Commissioner, Kohima. The petitioner accordingly collected the eviction order and on perusal of the same it came to light that the eviction order was issued by the Deputy Commissioner, Kohima on 17/11/2023 under section 6(1) of the Nagaland Eviction of Persons in Unauthorized Occupation of Public Land Act, 1971, conveying therein that as the petitioner has not complied with the notice to vacate the encroached land/bungalow within the stipulated time, the petitioner shall be evicted from the illegal occupation of the Government land by using force as may be necessary.
9. That against the eviction order dated 17/11/2023, the petitioner filed W.P. (C) No. 324/2023. The writ petition was disposed by the judgment & order dated 12/12/2023 inter-alia giving liberty to the petitioner to approach the Commissioner, State of Nagaland, in accordance with section-12 of the Act of 1971 within 15 days from the date of passing of the judgment. By the said order, the parties were also directed to maintain status-quo as regards the possession
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
