LAWS(GAU)-2024-12-15

LALDUHAWMA Vs. STATE OF MIZORAM

Decided On December 10, 2024
Lalduhawma Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and decree dtd. 14/12/2021 passed by the learned Senior Civil Judge - IV, Aizawl District in Civil Suit No. 97/2012. By the aforesaid impugned judgment and decree, the suit of the plaintiffs has been dismissed. The present appellants were the plaintiffs in the said suit.

(2.) The suit was instituted challenging an order of cancellation of land settlement dtd. 9/3/2012 pertaining to 15 persons including the two appellants / plaintiffs. As per the facts projected in the plaint, the land in question which is at Lawipu was initially sought to be allotted to certain volunteers of the Mizo National Front after the said organization had joined the mainstream in the year 1989. Though the process was on, due to certain technical issues, the land to the said volunteers were re-allotted at Maubawk Village Council instead of Lawipu Village Council where the present subject land is situated. According to the plaintiffs / appellants, since the land at Lawipu remained vacant, there was a decision to allot the land to certain landless people. As per the said decision, 35 nos. of beneficiaries were selected and the present appellants were amongst the said 35 nos. of beneficiaries.

(3.) It is the case of the appellants / plaintiffs that by following the due procedure, the land was allotted to the landless persons including them and thereafter, house passes were issued on payment of the prescribed fees. Thereafter, the said passes were converted to permanent Land Settlement Certificate (LSC) and accordingly, there was also a publication in the Official Gazette. After such process, the respondent no. 7 claimed that he had Periodic Patta over the plot of land. After making such claim, the matter was sought to be settled by the Revenue authorities and a General Report (Exhibit P-4) was also made. However, the authorities acted on the complaint raised by the respondent no. 7 and accordingly initiated a process for cancellation by issuing a show-cause notice to the appellants on 6/2/2012. Thereafter, the cancellation order was passed on 9/3/2012 which was the subject matter of challenge in the civil suit.