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GAUHATI HIGH COURT - AIZAWL BENCH
Nelson Sailo, J
Kalendor Chakma Karbari of Vill Tuichawngchhuah, Lunglei District – Appellant
Versus
State of Mizoram – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Nitesh Kumar Singh
For the Respondents: Mr. C. Zoramchhana (Addl.AG/GA, Mizoram)

JUDGEMENT

Date : 15-07-2022 Heard Mr. Nitesh Kumar Singh, learned counsel for the petitioner and Mr. C. Zoramchhana, learned Addl. Advocate General, Mizoram for the State respondents.

[2.] This is the second time the writ petitioner is before this Court. The earlier writ petition being WP(C) No. 21/2017 was filed challenging the eviction order dated 17.12.2015 by which the settlement at Tuichawngchhuah village (the Village) was declared to be illegal and unauthorized. The inhabitants of the said settlement were therefore asked to vacate the place immediately upon receipt of the eviction order. The writ petition came to be disposed of vide judgment & order dated 28.04.2018 whereby, the impugned eviction order dated 17.12.2015 was set aside after this Court came to a finding that the mandate of Section 26 of the Lushai Hills District (Village Councils) Act, 1953 (V.C Act) was not followed before the issuance of the impugned eviction order. It was also observed that the respondents were not precluded from taking a decision afresh but the same should strictly be in conformity with the mandate of the provisions of the V.C Act.

[3.] After the disposal of the earlier writ petition in the abo

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