ITO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) THESE 3(three) writ petitions are taken up jointly for disposal by this common judgment as these writ petitions have been filed questioning the legality of the same order dated 9.5.2008.

(2.) HEARD Mr. N.K. Luikham, Learned Counsel appearing for the petitioners and Mr. L.S. Jamir, learned Additional Senior Government Advocate for the State -respondents as well as Mr. A. Zhimomi, Learned Counsel for the respondent No. 5. None appears for the respondent No. 6.

(3.) THE respondent Nos. 1 to 5 filed their affidavit -in -opposition stating, inter alia, that on 19.3.2008 a no confidence motion against the respondent No. 6 from 12 DMC councillors was received by the respondent No. 3 and the same was to be tabled on 29.3.2008. The allotment orders were issued in total violation of the provisions of the Act, no advertisement was made inviting applications from the intending applicants for public auction of the stalls and the said allotment orders were issued without any application from the side of the petitioners. On 18.4.2008, a DMC meeting was convened, in which a thorough discussion was held respecting the allotment of shop stalls. In the said meeting it was resolved by a majority decision of the members present to submit a report to the Government in terms of Section 76 of the Act for annulment of the orders allotting shop stalls in the New Market complex, Dimapur. The said resolution is not under challenge by any of the petitioners.