VITA ANGAMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr S. Dutta, learned counsel for the petitioner and Mr L.S. Jamir, learned Addl. Sr. Govt. Advocate for the respondents. None appears for the respondents 7 to 12 although as per order dated 27.4.2000 passed by this Court, public notice has been issued by publishing in the local newspapers twice, as such, notices upon the said respondents are deemed to have been served. The respondents 13 to 24 entered appearance but did not file any affidavit nor contest the case in the later stage.

(2.) The case in short compass is that, the petitioner claims to be the owner of the land measuring 250 x 225 sq.ft. under Dag No. 25, Block No. 7 in Dimapur. The land was purchased by the petitioner in the year 1968 from late Gaigrum, Gaon Bura, one of the earliest settlers in Dimapur. Since then, the petitioner has been peacefully in possession of the land and also paid house-taxes, GB census fees etc. In support of which, the petitioner has also filed the said receipts as Annexures-M&N of the writ petition. In the year 1987, there was a devastating fire in which all the houses were burned down, and the petitioner had spent a lot for reconstruction of the houses. In support of his claim over the land, the petitioner has also annexed a certificate issued by the Chairman, Market Committee, West yard Evening Market, Dimapur and also a certificate from the Chairman, Social Welfare Committee of West Yard Railway Market, Annexures - O & P to the writ petition.

(3.) On 25.7.1996, the petitioner Submitted an application along with all his documents including Sale Deed, tax receipts and sketch map to the respondent No. 5 praying for regularisation of the land in his name in the Official records of the Deputy Commissioner, Dimapur. On the body of the said application, the respondent No. 5 has made a remark that "there is no complication about the plot. However recheck it and issue Jamabandi in favour of the applicant." The said application is annexed as Annexure-K/1 to the writ petition and it is reproduced below:-