LAWS(GAU)-2023-1-119

STATE OF NAGALAND Vs. NUKSUNGTILA

Decided On January 24, 2023
STATE OF NAGALAND Appellant
V/S
Nuksungtila Respondents

JUDGEMENT

(1.) Heard Ms. M. Kechii, learned counsel for the review petitioners.

(2.) By the order dtd. 5/8/2022 in I.A.(Civil) No. 409/2017, the petitioners were allowed to effect Dasti service on the respondent No. 1 namely, Ms. Nuksungtila who was the petitioner in PIL No. 71/2015. By this review petition, the petitioners being the State of Nagaland and Others seek for a review of the order dtd. 16/9/2015 in PIL No. 71/2015. We have also taken note of the communication dtd. 16/8/2022 which indicates that Dasti notice upon the respondent No. 1 Ms. Nuksungtila had been effected, but none appears for the respondent No. 1 when the matter is called.

(3.) Aggrieved to the extent that in the order dtd. 16/9/2015 in PIL No. 71/2015, there is also a provision that the Government of Nagaland is required to create a separate Commissionerate and a separate cadre of the Municipal Affairs, the PIL itself was instituted. In course of the hearing of the PIL, the notification dtd. 1/4/2015 of the Chief Secretary to the Government of Nagaland was produced before the Court which provided that a new Directorate of Municipal Affairs and the existing Directorate of Urban Development would be under a common administrative head and that the Government of Nagaland was pleased to create a separate Directorate of Municipal Affairs. In the circumstance, in the order dtd. 16/9/2015 in PIL No. 71/2015, it was taken note that a separate Directorate of Municipal Affairs had been created and put into existence. However, the further provision that the Government of Nagaland is also required to create a Commissionerate of Municipal Affairs is adversely affecting the Government of Nagaland. In the circumstance, this review petition has been instituted.