TOULAZOUMA VILLAGE COUNCIL Vs. TRAON POUMAI

JUDGEMENT

(1.) This is a civil revision application filed under Rule 32 of the Rules for Administration of Justice and Police in Nagaland, 1937 (amended upto date) read with Article 227 of the Constitution of India directed against the order dated 28.4.2015 passed by the Court of DBs under the circle of EAC Chumukedima in POL/CASE No.5-2016-7, and the order dated 10.8.2016 passed by the Deputy Commissioner, Dimapur in No. GEN-10/JUD/2016 D/4453.

(2.) The genesis of the dispute between the 2 parties which led to the filing of this revision application is briefly stated as follows:

(3.) Mr. P.B. Paul, learned counsel for the petitioner submitted that the Court of DB, Chumukedima did not have jurisdiction to sit on appeal against the order of Village Council of Toulazouma village because as per section 22 of Nagaland Village and Area Council Act only the Deputy Commissioner, ADC and Assistant to Deputy Commissioner have the jurisdiction to sit on appeal against orders passed by the village councils. He further submitted that when this question of jurisdiction was brought to the notice of the Deputy Commissioner on appeal, the Deputy Commissioner did not consider the same and thereby passed the impugned order dated 10.8.2016. Therefore, both the impugned orders are illegal and deserves to be quashed and set aside.