H. THRONGKIUBA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The brief fact of the case is that Shothumi' Village was established in the year 1914. Subsequently, Shothumi Village was bifurcated into Shothumi 'A' Village and Shothumi 'B' Village in the year 1922. Shothumi 'A' Village consists of both Yimchunger Tribe and the Sema Tribe. A dispute arose between the Yimchunger Tribe and the Sema Tribe of Shothumi 'A' Village which led to the interference by Sumi Hoho and the Yimchunger Tribal Council. The said two organisations tried to settle the mater by issuing three settlements between the parties, the first settlement on 01-04-2002, the second settlement dated Nil and the third settlement on 18-02-2004 allowing establishment of a new village within the area of the present private respondents village. Being aggrieved, the private respondents submitted a representation against the interference made by the two organisations before the Government. However, the Deputy Commissioner, Kiphire by order dated 04-10-2014, directed implementation of the said settlements made by the two organisations. Not being satisfied, the private respondents again submitted a petition dated 06-10-2015 before the Deputy Commissioner, Kiphire for settlement of the dispute by a customary court. However, the Deputy Commissioner, Kiphire instead, issued a letter dated 07-10-2005 stating that the matter has been taken up and settled by the Sumi Hoho and the Yimchunger Tribal Council and therefore, no interference was called for.

(2.) Being aggrieved by the letter of the Deputy Commissioner, Kiphire dated 07-10-2005, the private respondents as petitioners filed W.P (C) No. 304 (K) of 2005 which was disposed of by this Court by judgment and order dated 27-04-2007 declaring that the Sumi Hoho and the Yimchunger Tribal Council have no authority and jurisdiction to interfere with the administration of civil justice in the village and that it was the bounden duty of the Deputy Commissioner, Kiphire to either decide the matter himself or refer the matter to the Dobashi's Court (DB Court ' in short'). Consequently, the Deputy Commissioner, Kiphire endorsed the matter to the DB's Court, Kiphire by order dated 07-05-2007. The DBs Court however, by order dated 29-08-2007 endorsed the decision of the two organisations. Against the judgment and order dated 29-08-2007 passed by the DB's Court, the respondents filed an appeal before the Deputy Commissioner, Kiphire on 24-09-2007 which was however dismissed by the order dated 14-11-2007 relying on the decision of the two organization, namely, the Sumi Hoho and the Yimchunger Tribal Council. Not being satisfied with the decision of the Deputy Commissioner, Kiphire dated 14-11-2007 and the order passed by the DB's Court dated 29-08-2007, the private respondents again approached this Court by way of Civil Revision Petition No. 14 (K) of 2007 which was disposed of by this Court by judgment and order dated 20-09-2010 holding that the Tribal Hohos have no authority to interfere with the administration of the village and in the event of dispute regarding the affairs of the village, it was either the Deputy Commissioner or his assistant to decide the dispute either by themselves or by referring the matter to the DB's Court. Further, this Court by the judgment and order dated 20-09-2010 came to the finding that the order of the DB's Court and the Deputy Commissioner, Kiphire were solely based on the decision of the Tribal Hohos viz Sumi Hoho and the Yimchunger Tribal Council and accordingly, both the orders dated 29-08-2007 and 14-04-2007 passed by the DB's Court and the Deputy Commissioner, Kiphire were set aside by remanding the matter to the Deputy Commissioner, Kiphire to dispose of the matter by reasoned and speaking order after giving opportunity to both the parties of being heard and also keeping in mind the provision provided under the Government Memorandum dated 22-03-1996.

(3.) As the dispute continued between the Yimchunger Tribe and the Sumi Tribe of Shothumi 'A' Village and with an intend for an amicable settlement, a joint public meeting of the Yimchunger Tribe and the Sumi Tribe was held on 10-05-2011 and thereafter, a Memorandum of Understanding (' MOU' for short) was signed between the Sumi Tribe and the Yimchunger Tribe for establishment of a new village from Shothumi 'A' Village provided the said new village is established at least two kilometers away from the Shothumi 'A' Village. It was also provided in the MOU that the deadline for establishment of the new village to be from 10th May, 2011 to 10th May, 2012 and failing to do so, the Yimchunger Tribe will become Sumi Citizen of Shothumi 'A' Village. Pursuant to the MOU, a no objection certificate dated 22-05-2011 was also issued by the private respondents' village.