YEGHOTO SUMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure seeking writ of Certiorari for quashing the following impugned orders :-

(2.) I have heard Mr. A. Zhimomi, learned counsel for the petitioner as well as Mr. Kakheto Sema, learned counsel for the respondent.

(3.) This case has chequered history and the facts leading to the filing of the present petition may be briefly recited. The dispute relates to ownership of a plot of land situated at Electrical Colony at Satakha Town has been raised between the parties before the Village Panchayat of Satakha Village. Thereafter, after hearing the parties, the dispute was finally resolved on 22.8.81 by administering customary oath to the petitioner. It was further ordered that the dispute shall not be re-opened in the future. The settlement order dated 22.8.81 has been annexed as Annexure-A in this petition and it bears the signature of the 4th respondent on the body of the settlement order showing that the settlement has been arrived at in the presence and hearing of the 4th respondent However, sometime in the later part of 1990, after lapsed of about 9 years, the 4th respondent raised the dispute again and the: same was registered as Case No. 168/ 90 in the Court of D.B. at Satakha. The DB's Court by its order dated 3.9.90 affirmed the decision of the Village Council in terms of the following :-