THILIKHU VILLAGE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. Kakheto Sema, learned counsel for the petitioner, and Ms. Y. Longkumar, learned Government Advocate, appearing on behalf of the State respondents. None has appeared on behalf of the private respondents.

(2.) BOTH these writ petitions have been heard, on the request made by the learned counsel for the parties, analogously, for, both these writ petitions are inextricably linked with each other and the disposal of any of these two writ petitions would have a bearing on the outcome of the remaining writ petition.

(3.) THE material facts giving rise to these two writ petitions may, in brief, be set out as follows : by a notice, dated 18. 05. 2001, issued by the Deputy Commissioner, Dimapur, the writ petitioners were directed to show cause as to why action should not be taken against them or their village, namely, Thilikhu Village, on the reports received by the Deputy Commissioner, Dimapur, alleging, inter alia, that some of the inhabitants of the writ petitioners' village had been carrying out cultivation and other illegal activities inside the notified area of Rangapahar Wildlife Sanctuary. Following the said notice to show cause, an order was issued, on 22. 5. 2001, by the Deputy Commissioner, Dimapur, imposing a fine of Rs. 50,000/- on the writ petitioners' Village Council, namely, Thilikhu Village Council, and with further direction to deposit the said fine, within a month, with the office of the Deputy Commissioner, Dimapur. Aggrieved by the imposition of fine, the petitioners have come to this Court, with the help of an application made under Article 226 of the Constitution of India, seeking to get, inter alia, set aside and quashed the order, dated 22. 05. 2001, aforementioned, whereby the fine, as indicated hereinabove, had been imposed. This writ petition gave rise to WP (C) No. 8 (K)/2002.