Kesiaga Kamlak v. State of Nagaland and Others - 2017 Supreme(Online)(Gau) 149

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Online)(Gau) 149

IN THE GAUHATI HIGH COURT
, J
Kesiaga Kamlak v. State of Nagaland and Others

Advocates:
For the Appellants/Petitioners: Mr. Limawapang
For the Respondents: Ms. Vilika Chishi

Table of Content
1. cancellation order on land title due to alleged government acquisition. (Para 1 , 3)
2. arguments regarding the credibility of land transfer and government procedures. (Para 4)
3. court observation on rights acquired through lawful patta issuance. (Para 5 , 6 , 8)
4. summary eviction processes must respect civil adjudication rights. (Para 7)
5. final ruling sets aside cancellation order, allowing state to seek civil court redress. (Para 9 , 10 , 11)

1. By this writ petition, the petitioner is challenging the cancellation order dated 07-06-2016 issued by the Deputy Commissioner, Kohima, Nagaland by which the Patta No. 5434, Plot No. 3924 at Ketientsa (New Secretariat Complex) issued to Shri Zhaleo Rio by order dated 21-07-2005 and the subsequent transfer of the patta to the present petitioner bearing Patta No. 6871, Plot No. 3924 by order dated 09-01-2011 has been cancelled.

2. Heard Mr. Limawapang, learned counsel for the petitioner. Also heard Ms. Vilika Chishi, learned Government Advocate appearing for all the respondents.

3. Mr. Limawapang, learned counsel for the petitioner submits that one Shri Zhaleo Rio was allotted a plot of land measuring 100 x 60 at Ketientsa

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