LAWS(GAU)-2008-8-60

LALZIDINGA RALTE Vs. STATE OF MIZORAM

Decided On August 26, 2008
LALZIDINGA RALTE Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) HEARD Mr. P. C. Prusty, learned counsel for the petitioners. Also heard Mr. N. Sailo, learned Additional Advocate General, Mizoram for the State respondents.

(2.) ORDER dated 23rd July, 2007 passed by the Director, Land Revenue and Settlement, Mizoram, Aizawl communicated vide Memo No. C. 15016/12/06-DISP/dte (REV) dated 23. 7. 2007 (Annexure-8 to the writ petition) is the subject matter of challenge in the present writ petition.

(3.) THE petitioner Nos. 1 and 2 are both husband and wife while writ petitioner Nos. 3 and 4 are their daughters aged about 8 to 10 years respectively. All the four writ petitioners were allotted lands by the revenue authority, Government of Mizoram vide different LSCs issued in their name on different dates. In respect of portion of land described therein the writ petitioners by virtue of LSCs issued in their favour have been in possession and occupation of the plots of land covered by it. Petitioner No. 1 earlier to this occasion filed a writ petition before this court in respect of his land covered by LSC No. 103203/01/1273 of 2005 for quashing an order dated 15. 7. 2005 passed by the respondent No. 3 which had been registered as W. P. (C) No. 13 of 2006 and disposed of by this court vide order dated 12. 5. 2006 with a direction to the respondent No. 3 to complete such inquiry as was necessary and to take a final decision on the basis of such inquiry within a period of 45 (forty-five) days from the date of the order and also to communicate the result of the inquiry so made. But the respondent No. 3 suddenly issued the order impugned stating inter alia that the verification was done per order dated 12. 5. 2006 passed by the Hon'ble Court in WP No. 13 of 2006 and came to a conclusion that the land of the petitioner and his children falls within the land of the respondent No. 5 and 6, the Power and Electricity Department, Government of Mizoram and, therefore, all the Land Settlement Certificate issued in favour of the writ petitioners were cancelled per decision of the Government.