R. SOPU ANGAMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. C. T. Zamir, the learned Senior counsel assisted by Mr. I. Imchen the learned counsel appearing on behalf of the petitioner and Mr. V. Zhimomi, the learned Government Advocate appearing on behalf of the respondent Nos. 1, 2, 3, 4, 5, 6 and 7. I have also heard Mr. Taka Masa, the learned Senior counsel assisted by Mr. Arenlong, the learned counsel appearing on behalf of the respondent Nos. 8, 9 and 10.

(2.) The petitioner herein has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, on the ground of inaction of the Officer-in-charge of Diphupar P.S. Dimapur, the Commissioner of Police, Zone-1, Dimapur, Nagaland as well as the Deputy Commissioner, Dimapur, Nagaland to the FIR, complaint and the representation submitted to the said authorities respectively.

(3.) The brief facts of the instant case is that the petitioner's elder brother was allotted a plot of land measuring 20 Acres between 4th and 5th Mile, at Dimapur near Imphal Road vide a Memo No.II-5/VLS/66-67/1688-98 dtd. 8/5/1967. Subsequently, additional plot of land measuring 11 Acres was also allotted to the elder brother of the petitioner by the Deputy Commissioner, Kohima vide Order No.6/37 dtd. 12/4/1968. Therefore, as per the petitioner, 31 Acres of land was allotted by the Government to the elder brother of the petitioner. The petitioner further stated in the writ petition that the elder brother of the petitioner has transferred the rights over the land measuring 90 Bighas 3 Kathas 0 Lecha which pertains to Dag No.3 covered by Patta No.6 of Dimapur Mouza, Model Village to the petitioner. It is the further case of the petitioner that one Mr. L. Chohochem Sangtam was in illegal possession in a part of petitioner's land measuring 12,882 sq. ft. Under such circumstances, the petitioner had instituted a suit being Civil Suit No.74/2016 seeking declaration of right, title and interest over the said land of 12,882 sq. ft. In the said suit, the defendant therein i.e. Mr. L. Chohochem Sangtam had filed his written statement stating inter alia that he did not know that the land belonged to the petitioner and he was under the assumption that he has the right over the land on the basis of the village patta being issued. The Court of the Civil Judge, (Senior Division) Dimapur vide a judgment and decree dtd. 27/9/2018 decreed the said suit on admission taking into account the provision of Order XII Rule 6 of the Code of Civil Procedure, 1908 thereby declaring that the plaintiff to be the rightful owner and patta holder of the land in question measuring area of 12,882 sq. ft. covered by Patta No.6, under Dag No.3 of Dimapur, Mouza, Model Village. It would be relevant herein to take note of that the perusal of the said judgment and order passed by the Court of the Civil Judge, (Senior Division) Dimapur dtd. 27/9/2018 does not in any manner show that any consequential relief as regards recovery of possession or for eviction of the defendant therein from the suit land was granted. The decree so passed is reproduced hereinbelow.