M LAOPA KONYAK Vs. H POHPA KONYAK

JUDGEMENT

(1.) Heard Mr. Nisuka Chishi, the learned counsel for the petitioner in WP(C) No.52/2022 as well as Review Pet. No.1/2022. I have also heard Mr. V. Zhimomi, the learned counsel appearing on behalf of the State respondents as well as Mr. Limawapang, the learned counsel appearing on behalf of the respondent No.5.

(2.) A Government Middle School (GMS) at Chenloisho was constructed admittedly on a plot of land belonging to the father of the respondent No.5. Subsequently, the said GMC was upgraded to Government High School in the year 2014. Under such circumstances, another building was constructed in the year 2014 over the land belonging to the petitioner. In the year 2019, a vacancy arose on account of retirement of one Shalem Konyak, Peon at GMS, Chenloisho. The Government of Nagaland had forwarded the name of the writ petitioner herein, the respondent No.5 as well as one Shri Loching S. Konyak for further necessary action and decision. The Government of Nagaland vide the letter dtd. 26/7/2019 accorded approval for ad hoc appointment in favour of Shri Loching S. Konyak. This approval letter dtd. 26/7/2019 was challenged by the respondent No.5 in WP(C) No.123/2019 praying for a direction to direct the State respondents to appoint him against the aforesaid post on land ownership basis and also for setting aside and quashing the approval letter dtd. 26/7/2019.

(3.) It is an admitted fact that the petitioner herein however did not challenge the said approval letter issued in favour of Shri Loching S. Konyak nor approached the authorities.