N. HENRY ZELIANG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This intra Court appeal is directed against the judgment and order dtd. 30/4/2024 passed by the learned Single Judge in WP(C) No.1(K)/2021 whereby the writ petition was disposed of without entering into the merits and giving liberty to the Appellant herein to approach the Debt Recovery Appellate Tribunal challenging the order dtd. 20/10/2020 passed by the Recovery Officer, Debt Recovery Tribunal, Guwahati in Original Application No.445/2016.

(2.) The learned Single Judge further observed in the said order that till the disposal of the appeal by the Debt Recovery Appellate Tribunal, the order dtd. 20/10/2020 impugned in the writ proceedings passed by the Recovery Officer, Debt Recovery Tribunal, Guwahati in Original Application No.445/2016 shall remain stayed.

(3.) Being aggrieved, the instant appeal has been filed on the ground that the learned Single Judge failed to consider that the exercise of the power by the Recovery Officer was a nullity and as such, the writ petition was maintainable under Article 226 of the Constitution.