LHOUSAKHOTUO VIMERO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is a application under Article 226 of the Constitution of India, praying for issuance of a writ in the nature of Mandamus or any other appropriate writ of the like nature and/or direction or order quashing and setting aside the impugned Eviction Order No. REV/NST/8/90-91, dated 12.06.2014, passed by the Deputy Commissioner, Kohima and also quashing and setting aside the impugned order No. CNJ/CAA/2010, dated 3.2.2016, passed by the Commissioner, Government of Nagaland an appeal against the first impugned order.

(2.) Heard Mr. Evil Zao, learned counsel for the petitioner and also heard Mr. K. Sema, Sr. Addl. A.G., assisted by Ms. Livika, learned Government Advocate, on behalf of the State respondents.

(3.) The genesis of the case is that on 13.5.2014, office of the Deputy Commissioner, Kohima, issued an order restraining the petitioner from under taking any construction inside the land bounded in the east by private land, on the west by approach road, on the north by private land and on the south by private land situated at "Megatse" which is also known as Nagaland State Transport Colony, Kohima. At the same time, the petitioner was also directed to submit documents in support of his claim. Accordingly, the petitioner submitted his reply on 13.05.2014. On 15.05.2014, the Deputy Commissioner, Kohima, after considering the same came to the conclusion that the petitioner has no locus standi in respect of the land, therefore, directed him to vacate the same within a period of 14 days from the date of the order. This is the first impugned order.