LAWS(GAU)-1986-8-23

NEISELLE ANGAMI Vs. V. MIACHIEO

Decided On August 21, 1986
NEISELLE ANGAMI Appellant
V/S
V. MIACHIEO Respondents

JUDGEMENT

(1.) In May, 1982, the respondent Shri V. Meichieo instituted proceeding under Sec. 145 being Misc. Case No. 1/82. The petitioner contested that proceeding. Both the parties adduced evidence in the proceeding. Learned Addl. Deputy Commissioner decided the proceeding on 23.6.83 in favour of the petitioner, who was the second party in the proceeding.

(2.) Thereafter in July, 1983, the respondent filed a complaint appeal before the Deputy Commissioner, Kohima against the Judgment dated 23.6.83. The Deputy Commissioner without hearing the petitioner passed an order dated 8.11.83 and communicated the same to the petitioner on 15.11.85 vide memo No. JUD/Part/83 directing the petitioner to vacate the disputed land within 6 months. Now, the petitioner has impugned that order dated 8.11.83 of the Deputy Commissioner, Kohima. The order is challenged on the following grounds;

(3.) It is clear from this Rule that the Deputy Commissioner and Addl. Deputy Commissioner have concurrent power in all matters. Therefore, the Deputy Commissioner had no jurisdiction to entertain any complaint,appeal or revision against the order of Additional Deputy Commissioner. The order dated 8.11.83 of the Deputy Commissioner setting aside the order dated 23.6.83 of the Addl. Deputy Commissioner was without jurisdiction. The impugned order dated 18.11.83 is liable to be set aside. It carries no legal force.