M. JONGSHI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. C.T. Jamir, learned Sr. counsel for the appellants. Also heard Ms. V. Suo-khrie, learned Govt. Advocate, Nagaland representing the respondents.

(2.) This writ appeal is directed against the judgment and order dated 24.01.2014 passed in W.P.(C) No. 87(K)/2010 whereby, the learned Single Judge had dismissed the writ petition filed by the present appellants and directed them to seek relief before the civil court.

(3.) The brief factual matrix of the case is that the appellants herein claim to have purchased certain plots of land from the original owner Shri Anyu Whuorie, T. Khel, Kohima Village in the year 2005. After purchase of the land the appellants claim to be in possession of their respective land. On 06.05.2010, the Addl. Deputy Commissioner, Kohima, Nagaland had issued an order addressed to the present appellants as well as one Smti. Anhieii Solo, restraining them from undertaking any development work on the eastern side of the Directorate of Health and Family Welfare. The said order appears to have been issued on the basis of a complaint lodged by some unknown person. On 06.05.2010 itself, the 1st Class Magistrate, in the office of the Deputy Commissioner, Kohima had issued notice under Section 5(1) of the Nagaland Eviction of Persons in Unauthorized Occupation of Public Land Act, 1971 (hereinafter referred to as Act of 1971) stating that the appellants and Smti. Anhieii Solo were in unauthorized occupation of the plot of land, on the eastern side, belonging to the Directorate of Health and Family Welfare, Nagaland and therefore, they were directed to show cause within 15 days as to why an order of eviction under Section 6(i) of the Act of 1971 should not be made.