LAWS(GAU)-1995-3-45

YAPIE KEHIE Vs. SATUO AND ANR.

Decided On March 31, 1995
Yapie Kehie Appellant
V/S
Satuo And Anr. Respondents

JUDGEMENT

(1.) This appeal is directed against several orders passed by Western Angami Elders and GBs on 4.3.72, order passed by Circle Officer, Zubaza on 30th April, 1982, order passed by Sessional Secretaries and Sessional Chairman on 10.11.86, final order passed by the Deputy Commissioner, Kohima on 18.5.89 and order passed by the Angami Public Organisation on 8.3.94.

(2.) The dispute relates to land and is between 2 (two) villages, viz, Mezoma Village (appellant) and Sechuma Village (respondent). In spite of the fact that the first order was rendered on 4.3.72 by the GBs and other village elders of the area, declaring the dispute land to be of Sechuma Village, which was followed by series of other judgments as mentioned above, the villagers of these 2 villages are still agitating the matter. On persual of the above orders, it appears to me that the appellant has lost in every attempt inasmuch as all the impugned orders have gone against the appellant village. On careful perusal of the order passed by the learned Deputy Commissioner, it appears the dispute was finally settled. Upon careful perusal of the impugned orders, it appears every other subsequent authority has upheld the decision rendered by the Village GBs and Elders of the Western Group, obviously because of the fact that persons who had intimate knowledge of the local situation, custom, nature of dispute and the location of the land etc. had decided the dispute as a grass roots authority.

(3.) Strangely the appellant filed appeal before Circle Officer at Zubza. Although appeal as such could not have been filed before Circle Officer under the provision of Rules for the Administration of Justice, the learned Circle Officer also examined the matter and upheld the decision made in 1972. The appellant village approached the EAC, Sechu to hear the matter again. In this attempt also the appellant village failed. On 17.12.88 the appellant village filed an appeal before the learned Deputy Commissioner, Kohima, challenging the decision rendered by the Western Angami GBs and Elders on 4.3.72 and all other orders subsequently passed by Circle Officer EAC etc. It may be stated here that it was the appellant village which approached the various Courts in that area. As stated above the appellant village failed to obtain favourable orders. As such the appellant village took grievance against the decision rendered by the Court below.