IMLITEMJEN JAMIR Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Taka Masa, learned counsel for the petitioners and Mr. I. Jamir, learned Addl. Advocate General for the State respondents.

(2.) The case in short compass is that, by order No. REV-4/92-0/9968-71 dated 13.1.1995 (Annexure-A to the writ petition) allotment of land was made to the three petitioners and two others in Dimapur. Since, then, the petitioners have been in continuous possession of their respective lands. They also paid land rents and premium regularly. Jamabandi was also issued in favour of the petitioners. However, show cause notice No. REV-4/94- D/959-63 dated 3.5.1995 was issued to the petitioners and two others to submit their show cause within 15 days as to why the allotment made to them should not be cancelled. The petitioners submitted, their show cause and thereafter no action was taken by the Addl. Deputy Commissioner, Dimapur.

(3.) After the land was allotted to the petitioners they were developing their lands. However, on 18.7.2001, the respondent No.3 along with some Para Military forces stop the developmental works made by the petitioners over their lands. No notice was issued to the petitioners for such stopping of their works. After their works were stopped by the respondent No.3, the petitioners approached the respondent No.3 the Deputy Commissioner, Dimapur on 19.7.2001 to enquire about the said action taken by him, but the petitioners were surprised to know that the respondent No.3 had already issued the impugned show cause notice and cancellation order dated 17.5.2000 and dated 26.6.2000 respectively. On the request of the petitioners photo copies of the notice and cancellation order was issued to the petitioners on 19.7.2001. Being aggrieved by the said action of the respondent No.3, the petitioners therefore approached this Court by way of this writ petition.