ATOKA SEMA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. S.M. Ozukum and Ms. Lydia, learned Counsel, appearing for the Petitioner. Also heard Ms. Y. Longkumer, learned Addl. Senior Government Advocate, appearing for the State- Respondents.

(2.) The Petitioner, who was occupying a plot of land, measuring 0B-lK-19Ls, adjacent to his own land, submitted an application before the Deputy Commissioner, Dimapur, Nagaland. seeking allotment of the said plot of land. On the basis of the said application, a Surveyor was appointed to verify and submit his report and accordingly the Surveyor, after verification, submitted report. On the basis of the said report, the Deputy Commissioner, Dimapur, Nagaland. vide Order No. Rcv-4/92-D/4161 -65, dated 08.06.2007, regularized the occupation of the land, measuring 0 B-l K-19 Ls, in avour of the Petitioner. Accordingly, the relevant jamabandi was issued covering the said land by Patta No. 145, Dag No. 4/165, Block No. 2 of Dimapur Mouza No. 2, in favour of the Petitioner. Subsequently, at the instance of Dimapur Naga Student Union, the Deputy Commissioner, Dimapur, Nagaland, by his impugned Order No. Rev-16/2007-D/Pt. file, dated 23.03.2010, cancelled the said allotment/patta. issued in favour of the Petitioner, without issuing any notice or giving any opportunity of showing cause to the Petitioner, in whose favour the land was duly allotted. As the allotment made and the patta issued in favour of the Petitioner was cancelled, without giving him any opportunity of being heard or showing cause, the Petitioner has come with this writ petition by invoking writ jurisdiction under Article 226 of the Constitution of India, seeking a direction for quashing and setting aside the impugned order, dated 23.03.2010 aforesaid.

(3.) Notice being issued, the State-Respondents have appeared through the Addl. Senior Government Advocate, but failed to contest or deny the Petitioner's claim, by filing any counter affidavit, in spite of giving opportunity.