LAWS(GAU)-2014-8-33

LEPDENSANGBA Vs. STATE OF NAGALAND

Decided On August 21, 2014
Lepdensangba Appellant
V/S
STATE OF NAGALAND Respondents

JUDGEMENT

(1.) Heard Mr. Imti Longchar and Mr. Renpemo, learned counsel for the petitioner. Also heard Mrs. Lucy, learned State counsel appearing for the State respondent Nos. 1 to 4 and Mr. C.T. Jamir, learned senior counsel assisted by Mr. Imkong Jamir, learned counsel for the respondent No.5.

(2.) The Primary Health Centre (PHC, in short) at Chuchuyimlang, Mokokchung District under the establishment of the Chief Medical Officer (CMO, in short) Mokok -chung was established over the land of three land owners, namely, (i) Shri Latongmeren (ii) Shri Aowati and (iii) Late Sunukenkaba's descendent, represented by Shri Takoku -msang.

(3.) Earlier a dispute arose between the aforesaid three land owners with regard to the appointment to the Grade -IV post at Chuchuyimlang PHC as land donors and as such they on 19.09.2001 resolved that the appointment order dated 31.07.2000 be given to the land owner Mr. Ladongmeren; the next first vacant posts shall be given in favour of Aowati, the 2nd land owner and thereafter, the other two successive vacant posts shall be given to Mr . Takukumsang, the 3rd land owner. Accordingly, the then Civil Surgeon, Assistant Civil Surgeon, Sub -Divisional Medical Officer, Head Assistant of Civil Surgeon's Office and the UDA of the Civil Surgeon's Office of Mokokchung and the aforesaid three land owners, Mr. Ladong -meren, Mr. Aowati & Mr. Takukumsang signed the said resolution dated 19.09.2001 (Annexure -1 to the petition).