LIMONGO EZUNG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. N. Mozhui, learned counsel for the petitioner. Also heard Mrs. Lucy, learned Govt. Advocate for respondents 1 and 2 and Mr. R. Iralu, learned counsel for the private respondent No. 3.

(2.) THE petitioner has challenged the legality of the impugned order dated 18. 5. 06 passed by the DC, Kohima cancelling the allotment order issued by the DC vide order No. REV/allot-A/2000 dated 7. 6. 05 allotting plot of land measuring 1430 Sq. ft. at P. R. Hill, Kohima in favour of the petitioner. The brief facts leading to the filing of this writ petition are that the petitioner was allotted a plot of land situated at P. R. Hill by an order dated 23. 7. 86 and had been possessing the same by constructing two semi pucca structures thereon. Sometime in the year 2003, the Cabinet decided to construct a Town Hall at Kohima and it its meeting held on 14. 3. 03, it was decided to allot the cite on which Government Quarter No. PR/1 situated for the said purpose. When work was undertaken for the purpose of Town Hall, it was found that the cite in question was not sufficient and as such the then Hon'ble Chief Minister himself requested the petitioner to spare the aforesaid plot of land being adjacent to the proposed Town Hall with an assurance for providing an alternative plot of land/cite. Accordingly, the petitioner gave his plot of land to the Government and the Government also allotted him an alternative cite on which Government Quarter PR/2 is situated. Necessary formalities were completed and approval of the Cabinet was also obtained and the formal exchange of plot between the petitioner and the Government was done on 17. 8. 04. The petitioner deposited an amount of Rs. 44,900 as land revenue for settlement of the aforesaid alternative plot by Treasury Challan and thereafter, the petitioner was issued allotment order in respect of the said land on 31. 5. 05 (Annexure-K) and also land patta being Patta No. (NEW) 5482 in respect of Plot No. 3934 on 20. 9. 05 (Annexure- L to the writ petition ). The petitioner accordingly took over possession of the aforesaid plot No. 3934. But the petitioner was served with the impugned order dated 18. 5. 06 signed by the DC, Kohima (Annexure-N) cancelling the allotment of the aforesaid plot of land and directing him to produce the original copy of the allotment order and patta to his office within 15 days from the date of issue of the aforesaid order.

(3.) MRS . Lucy, learned Government Advocate on the basis of counter affidavit filed by the respondents 1 and 2 submits that the cite in possession falls within the 1934-35 cadastral Survey Map of Kohima Town and has been inherited by the State Government from the Government of British India through the Government of Assam and therefore, the said land falls within the Government land. Moreover, according to Mrs. Lucy, the matter involves disputed questions of fact and title which are to be agitated before the Civil Court of competent jurisdiction and cannot be decided by a writ Court in exercise of power under Article 226 of the Constitution of India. The impugned order was passed, as submitted by Mrs. Lucy, on the basis of written complaint dated 16. 12. 05 addressed to the Chief Minister of Nagaland, Kohima from one Shri Keneingunyu Sekhose, President of the T. Khel Union (Annexure- 1 to the counter affidavit of respondents 1 and 2 ).