PUNALEMBA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Tongpok Pongener, learned counsel for the petitioner. I have also heard Ms. Bichano Kithan, learned Government Advocate for the respondent Nos. 1 to 4, and Mr.Alezo Kire, learned counsel for the respondent No. 5.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner prays for quashing and setting aside the appointment order No. MMC-1/EST/2005/65dtd. 16/7/2019, by which the private respondent No. 5 has been appointed as Chowkidar of the Park. The petitioner also seeks directions to the respondents to consider his appointment to the said post on the basis of land ownership.

(3.) The petitioner claims to be one of the eligible landowners of the land on which the Town Park, Mokokchung, under the Mokokchung Town Committee (MTC), has been established. This land was donated by the petitioner's clan to the District Administration, free of cost, in the early 1960s at the request of the then Deputy Commissioner of Mokokchung. The Park was subsequently handed over to the Mokokchung Town Committee (MTC) and renamed from 'Kathing's Park' to 'Town Park'.