LAWS(GAU)-1999-7-1

IMTILEPDEN AO Vs. STATE OF NAGALAND

Decided On July 31, 1999
AND P.G. AGARWAL, J.)IMTILEPDEN AO Appellant
V/S
STATE OF NAGALAND Respondents

JUDGEMENT

(1.) The above two writ appeals have arisen out of a judgment and order passed on 13.12,93 by the learned Single Judge at Kohima Bench in Civil Rule No, 566/89.

(2.) Writ Appeal No. 2/1994 has been preferred by Shri Imtilepden Ao (respondent No. 5) and the other Writ Appeal No. 223/1994 has been preferred by the State of Nagaland who were arrayed as Respondent Nos. 1 to 4. This common order shall dispose of both the writ appeals.

(3.) It may be mentioned here that this writ application (Civil Rule No. 566/89 (Kohima Bench)) was disposed of by a Division Bench vide order dated 6.11.91. Thereafter, a Review petition was filed under 1(K) 1991 by the respondent and the said review petition was allowed and the respondents were directed to file counter affidavit etc. After filing of the documents, the matter was heard again and the impugned judgment was passed by the learned Single Judge as provided under the High Court Rules. As no appeal was filed against the order allowing tie review, the decision of the learned Single Judge in passing the impugned order can not be challenged at this stage. The preliminary objection raised by writ petitioner regarding maintainability of the appeal stands rejected.