The petitioner Mr. Seikbolan was fined Rs. 500/-by order dated 30.10.84 of the Additional Deputy Commissioner, Dimapur. So he impugnes that order by this Revision Petition under Rule 16(3) of the Rules for Administration of Justice and Police in Nagaland. 2. The petitioner being a member of kuki Christian Church was a pastor of kuki Baptist Church at village Maova in Kohima District. About 100 members belonging to 29 families led by the petitioner separated from the fold of Maova Christian Church (K. C. C.) and formed a seperate Church at Maova on 27.5.84 and started building a seperate Church from 13-8-84 under the leadership of the petitioner. But on 18.8.84 Mr. Render, a Village Council Chaiiman and Mr. Paokam, Gaonbura of Maova lodged a written complaint before the Addl. Deputy Commissioner, Dimapur against the construction of the New Church by the petitioner and others. An Extra Assistant Commissioner issued notice on the petitioner and others and Mr. Khupkbelal, Dobhasi was entrusted for local verification and thereafter the Extra Assistant Commissioner handed over the matter to the Village Council, Maova, The Extra Assistant Commissioner referred the matter to Mr. Rokomcba, M. L. A. for settlement of the dispute, but no settlement was arrived at. In the mean time on 3. 9. 84. Mr. Pcakam, Gaonbura and Mr. Henden, village council Chairman with others of Maova village demolished the Church building constructed by the Petitioner and others. The petitioner along with five others of Kuki Baptist Association submitted a representation to the Chief Minister, Nagaland on 14.10.84 and that representation was sent to the Deputy Commissioner for disposal. 3. On 25.10.84 the Additional Deputy Commissioner summo­ned the parties and recorded the statement of six persons and gave his findings with the following effective orders on 30.10.84. :- "(a) By destroying the said church Shri Paokam and Shri Hendari and party on the 3rd of September, 1984 they have taken law in their own hands even after repor­ting to the local administration about this construction. Destruction of a church cannot be construed as the expression or the execution of customary practices. It is rather an act of criminal offence. As such it is proved beyond any reasonable doubt that Shri Pack am and Shri Hendah and party erred before the eyes of law. Accordingly to meet the end of justice I hereby impose a fine of Rs. It is rather an act of criminal offence. As such it is proved beyond any reasonable doubt that Shri Pack am and Shri Hendah and party erred before the eyes of law. Accordingly to meet the end of justice I hereby impose a fine of Rs. 1000/-(Rupees one thou­sand only) to Shri Paokum and Shri Hendab and party. The said fine shall be paid within one week from the issue of this order failing which Shri Paokam and Shri Hendah being the ring leaders of the group will undergo S. I. for one month each." "(b) Shri Seikholien is the pivot of the present issue around which the entire problem revolves. It is due to his refusal to step down from the post of Pastor that had gusted the seeds of division of the village. It is further due to construction of his church in Maova without the prior approval of the village authority that had culminated in the destruction of the said church. It is most unbecoming of a Christian church leader to spurn the Customary practice of a tribe but Shri Seikho­lien being a church leader had overlooked the prevailing customary practice as by constructing his church without the prior permission of the village authority. As such he has erred before the law. I, therefore impose a fine of Rs. 500/- (Rupees five hundred only) to Shri Seikholien. He shall pay the fine within one week from the issue of this order faling whi­ch he will undergo S. 1. for 15 (fifteen) days.” 4. Now the petitioner impugnes that order alleging that Additional Deputy Commissioner committed illegality in imposing the fine without following the procedure prescribed under the law. It was further alleged that no case was registered against the petitioner, no Charge was framed and no evidence was collected and as such there was a failure of justice and petitioner was made to suffer illegally. 5. Learned counsel Mr. B. Sarma for the petitioner submits that the Additional Deputy Commissioner ought to have drawn some proceeding against the petitioner for non-obtaining the approval of the village authority for constructing a Church, and no opportunity was given to the petitioner to show cause and therefore the imposition of fine was illegal. According to Mr. Sarma the petitioner committed no criminal act liable for punishment. On the other-hand Mr. According to Mr. Sarma the petitioner committed no criminal act liable for punishment. On the other-hand Mr. Z. Angamt, Public Prosecutor for Nagaland submitted that the Additional Deputy Commi­ssioner held that enquiry by examining 6 persons and came to the finding that Mr. SeikhoJian (Petitioner) being a Church leader had overlooked the prevailing customary practice by constructing his Church without prior permission of the Village authority; and therefore imposition of fine was justified. In this regard, Mr. Angami has referred Rule 14 of the Rules for the Administration of Justice and Police in Naga Hills Districts and submitted that the Additional Deputy Commissioner acted under the said rule and there was no illegality. 6. After going through the entire impugned order it is found that the Addl. Deputy Commissioner heard the complaint of both sides in their presence. Statements of six persons were recorded. It was found during the enquiry that the dispute was in between the petitioner and the villagers of Maova and the same arose following refusal of the petitioner to step down from the post of Pastor. Thereafter he formed separate Church with the splinter group of Maova K. C. C. Although the cons­truction of the New Church began but it was not affiliated to Kuki Baptist Association and finally cold war between KBA and KCC was highlighted to the State Govt. with the result that it attracted the attention of the Baptist Church of Nagaland and which was unfortunate according to the Addl. Deputy Co­mmissioner. The Addl. Deputy Commissioner was confirmed from the evidence that the petitioner Shri Seikholien did not obtain prior approval from the Gaonbura or village Council of Maova Village for construction of the Church. According to Kuki cus­tom an individual invariably requires the formal approval from the Gaonbura of the village for any type of construction. This customary duty was overlooked by Shri Seikholien. He had ad­mitted before the Addl. Deputy Commissioner at the investi­gation and hearing that he constructed the Church without prior approval of the village authority. At the same time the Addl. Deputy Commissioner was satisfied by evidence that the said Church was demolished by Mr. Prokan and Mr. Hendab which according to the Addl. Deputy Commissioner was extreme­ly rare and quite unprecedented in the annals of the history of the Churches of Nagalaod. Accordingly the Addl. At the same time the Addl. Deputy Commissioner was satisfied by evidence that the said Church was demolished by Mr. Prokan and Mr. Hendab which according to the Addl. Deputy Commissioner was extreme­ly rare and quite unprecedented in the annals of the history of the Churches of Nagalaod. Accordingly the Addl. Deputy Commissioner fined both the parties with is reasonings by the impugned order. 7. It is found that the Addl. Deputy Commissioner held an enquiry and on hearing the complaints of both sides, reco­rded evidence of 6 persons and heard the parties. The petitioner admitted in the hearing that he acted in constructing the Church without approval of the village authority. It was his customary duty to obtain prior approvals according to Kuki custom. Cu­stoms of the tribes in Nagaland are regarded as unwritten laws and breach of customary duty is regarded as an offence. Breach of customary duty often leads to disputes and breach of peace amongst the villagers in Nagaland. The enquiry held by the Addl. Deputy Commissioner and the procedure adopted by him was in the spirit of the prescribed law of the land and there was no illegality in it. 8. Rule 14 of the Rules for Administration of Justice and Police in Naga Hills District refers to customary duties of public purposes enumerating some of them like upkeep of roads, footpath, village well, construction works etc. The language of the Rule makes clear that instance of customary duties of public purposes given are illustrative and by no means exhaustive. Construction of a Church in the village is certainly for public purposes and so it is a customary duty to obtain prior approval for construction when it is a custom of the tribe or the villagers to obtain approval of village authority for any cons­tructions. Moreso, when a new Church was being constructed, after bifurcating from the existing Church, then it was very much obligatory on the petitioners to obtain approval from village authority because it was the custom of the Kukis to obtain approval from village authority for any construction. The petitioner failed to perform the customary duty as contempla­ted under Rule 14. The Additional Deputy Commissioner very much acted under the provision of Rule 14 in imposing the penalty on the petitioners. 9. This revision is dismissed. Tae rule is discharged. Send copy of the Judgment to the Additional Deputy Commissioner, Dimapur.