ORDER

(K.R. Surana, J)

Heard Mr. C.T. Jamir, learned senior counsel, assisted by Mr. I. Imchen, learned counsel for the appellant. Also heard Mr. N. Angami, learned Senior Govt. Advocate appearing for respondent nos. 1 to 4.

2) By filing this intra-court appeal, the appellant, who is the appellant in W.P.(C) 58/2017, has assailed the impugned judgment and order dated 23.03.2026, passed in W.P.(C) 58/2022, in common with W.P.(C) 207/2016 and W.P.(C) 88/2022.

3) In brief, the case of the appellant is that his father, L. Wangshu Konyak (since deceased) was given a Special Permit for Farm Land at Tizit vide Memo No. 8487-90 dated 29.03.1971. While the appellant was a minor, his father died in the year 1974. Taking advantage of the situation, several persons tried to encroach the land covered by the said special permit, but the District Administration evicted those encroachers vide memorandum dated 11.04.1975, thereby upholding the special permit issued to the deceased father of the appellant. In course of time, the District Administration started issuing allotments orders to Government Departments and private individuals over parts of the land covered by the special permit. It is projected that the District Administration remained silent despite several representations submitted by the appellant. Thereafter, the appellant filed a representation before the Chief Secretary to the Govt. of Nagaland and the said authority by a note/ communication dated 18.07.1996, recorded recognition of the assistance that the father of the appellant had rendered to the District Administration and observed that without his or his successor’s consent, no land should have been allotted to any person or the Government offices and by observing that the administration should always honour the commitment given by the previous administration, directed the District Administration of Mon/Tizit to conduct a special enquiry and submit a detailed report. As no steps was taken by the District Administration in terms of the said note dated 18.07.1996 by the Chief Secretary to the Govt. of Nagaland, the appellant had approached this Court by filing a writ petition, which was disposed of by order dated 05.08.2014, passed in W.P.(C) 204(K)/2012 directed the Deputy Commissioner, Mon to hold a special enquiry as directed by the Chief Secretary to the Govt. of Nagaland within a period of three months and to forward a report to the Chief Secretary to the Govt. of Nagaland.

4) Thereafter, in the special enquiry report dated 31.10.2014, it was observed that the special permit given to the father of the appellant was measuring 157.81 acres and in respect of the said land, the District Administration had issued 111 nos. of allotment orders from 1988 till date and moreover, the appellant had also sold/ allotted various plots of land to private individuals and it was suggested that in order to bring an amiable settlement, the appellant be offered 200/300 square feet of land presently under his occupation and in recognition of the service rendered by the father of the appellant, either a school or a public hall in the locality be named after appellant’s father. On 10.07.2015 and 31.07.2015 there were meetings between the District Administration and the appellant in connection with the enquiry report, but no final orders on the enquiry report was passed.

5) The appellant had allotted a land to the persons whose names were mentioned at sl. No. 2 to 7 of the vacation order dated 20.10.2016, to whom the appellant had given permission to live in his land temporary. Aggrieved by the said vacation order dated 20.10.2016, the appellant had filed W.P.(C) No.207/2016. By an interim order dated 07.11.2016, passed in the said writ petition, the operation of the said vacation order was stayed.

6) In the meanwhile, the appellant had allotted land to one Mr. Wangdun Konyak, who had constructed a temporary house on the said allotted land. He was also issued with a summon dated 10.04.2017 and v