KHUTSAMI VILLAGE Vs. STATE OF NAGALAND AND OTHERS

JUDGEMENT

(1.) The problem involved in this writ petition is with regard to the land dispute between Ighanumi village and Khutsami village. Ighanumi village lies within Pughoboto Sub-Division of Zunheboto District, and Khutsami village lies within Chazuba Sub-Division of Phek District. Therefore, the dispute is inter-district dispute.

(2.) From the order dated 30th Sept., 1979 (Annexure-I) to the writ petition, and the order dated 30th Sept., 1979 (Annexure-J), it clearly appeared that several decisions have been rendered previously by various authorities. It also appeared that C. R. Pawsey, the then Deputy Commissioner also rendered some decisions on 18-1-1946. However, the dispute still survived between the parties, and unfortunate thing bad happened some time in 1994, in which on 1-9-1994 one late Jacob of Ighanumi village had been murdered by Khutsami village in connection with the land dispute. Ultimately the Deputy Commissioner Phek as well as Zunheboto referred the matter for adjudication to the Joint Dubashis Court of Phek district and Zunheboto district. Accordingly the joint Dubashis Court held its joint session on 14-11-1994 to 19-11-1994 and the decision was taken on 19-11-1994 after hearing both the parties purportedly in exercise of power in accordance with Naga customary usages and practices. By the aforesaid decision, the Dubashis Court demarcated the boundary as under:-

(3.) The Joint Dubashis Court also imposed a fine of Rs. 10,000.00 against lghanumi village for illegally harvesting by taking the law into their own hands causing provocation to Khutsami village that led to murder of late Jacob of Ighanumi village. The joint Dubashis Court also imposed a fine of Rs. 1,50,000.00against Khutsami village for assault of Ighanumi village and murder of late Jacob.