PFULHOUTSU ANGAMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. P. Choudhury, learned counsel for the appellant. Also heard Mr. K. Wotsa, learned Senior Government Advocate, Nagaland representing the official respondent nos. 1 to 5 and Mr. I. Longjem, learned counsel appearing for the respondent no. 6 . None appeared for respondent nos. 7 to 10.

(2.) This writ appeal is directed against the judgement and order dated 23.02.2011 passed in WP(C) 20(K)/2009 whereby the learned Single Judge had dismissed the writ petition filed by the appellant as petitioner challenging the legality and validity of the order dated 27.01.2009 issued by the respondent no. 3 mutating the name of the respondent no. 6 in place of his deceased father late Yoso Angami as a joint Pattadar in respect of the plot of land in question.

(3.) The brief factual matrix of the case is that the appellant, the father of the respondent no. 6 and the father of the respondent nos. 7 to 10 herein had jointly purchased a plot of land measuring 5 Bighas 4 Kathas by means of a registered deed of sale dated 01.09.1975 and a Patta bearing No. 171 pertaining to Dag No. 30 located at Block No. 6, Dimapur was also issued in the name of the land owners. The father of the respondent no. 6 expired on 02.05.1978. The respondent no. 6, being the son of Yoso Angami, obtained a Succession Certificate dated 07.08.1978. In the year 2008, the respondent No 6 had filed an application before the Deputy Commissioner, Dimapur, i.e. the respondent no. 3 for substituting his name in place of his deceased father in the Revenue Records.