JUDGMENT : Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. Aliba Ozukum, learned counsel for the petitioner. Also heard Ms. A. Ayemi, learned Government Advocate appearing for the State respondent Nos. 1, 2 and 3, Mr. Z.N. Ngullie, learned counsel appearing for the respondent No.4 and Mr. Limawapang, learned counsel appearing for the respondent No.5. 2. The Puranabazar ‘B’ Village Council by an allotment certificate dated 06.06.2006 allotted a plot of land measuring 70x70 to one Shri. Mughaho S/o Yekuto. Thereafter, the petitioner purchased the said plot of land from the said Shri. Mughaho by executing a Sale Deed dated 12.12.2010. A No Objection Certificate was also issued by the Chairman of the Village Council of Puranabazar ‘B’ Village Council with regard to the ownership of the land measuring 70x70 sq.ft by the petitioner. The petitioner made an application for regularization of his plot of land before the Deputy Commissioner, Dimapur, Nagaland and accordingly, after following due process, the Deputy Commissioner, Dimapur issued an order dated 25.08.2014 regularizing a plot of land under Dag No.104 measuring an area of 00B-02K-03Ls at Puranabazar in the name of the petitioner. Thereafter, Jamabandi in respect of Dag No. 2315 for an area of 00-02-03 was issued on 26.08.2014 on the basis of the regularization order dated 25.08.2014 issued by the Deputy Commissioner, Dimapur, Nagaland. The petitioner thereafter, was in peaceful possession of the said land. 3. In the meantime, the respondent No.4 filed a complaint dated 21.06.2017 before the Deputy Commissioner, Dimapur, Nagaland with regard to land dispute at Puranabazar ‘B’ Village covered by Patta No.1145, Dag No.104/1703. In terms of the complaint made by the respondent No.4, the Deputy Commissioner, Dimapur, Nagaland by a letter dated 23.06.2017 addressed to the Head Dobashi of the Office of the Deputy Commissioner, Dimapur, Nagaland directed them to verify the spot and submit report on or before 30.06.2017. Thereafter, by Summon Notice dated 17.12.2018, the Deputy Commissioner, Dimapur, Nagaland directed the petitioner and the respondent No.4 to appear in his Court on 12.12.2018 along with all original documents in support of their respective claims. Thereafter, the impugned order dated 17.12.2018 was issued by the Deputy Commissioner, Dimapur, Nagaland stating the Patta No. 1675 was regularized in favour of the petitioner without the approval of the Government and in violation of the Notification NO.LR/4-9/82(P) Feb, 1992 issued by the State Government, Department of Land Revenue. Thereafter, the impugned order dated 17.12.2018 was issued by the Deputy Commissioner, Dimapur, Nagaland stating the Patta No. 1675 was regularized in favour of the petitioner without the approval of the Government and in violation of the Notification NO.LR/4-9/82(P) Feb, 1992 issued by the State Government, Department of Land Revenue. It was also stated that the village authority is not empowered by the Government to issue land allotment order to any individual or organization under the cadastral area. Accordingly, the order dated 25.08.2014 by which the land of the petitioner was regularized and Patta No. 1675 were declared cancelled as well as the Allotment Certificate No. 73 issued by the Puranabazar ‘B’ Village Council was also declared null and void. The Surveyor incharge of Revenue Record was also directed to delete the records in terms of the order dated 17.12.2019. Consequent to the order dated 17.12.2018 passed by the Deputy Commissioner, Dimapur, Nagaland, Eviction Order dated 16.03.2019 was issued to the petitioner directing to vacate/dismantle his illegal occupation/construction in the land covered by Patta No.1145 Dag No.104/1703 measuring an area of 05B-04K-09Ls at Puranabazar. Being aggrieved with the order dated 17.12.2018 and the Eviction Order dated 16.03.2019, the petitioner is before this Court. 4. It is the case of the petitioner that the Puranabazar Village is a traditional village established in the year 1942 which is authenticated by the list of villages/towns/compounds with number of houses and GBs in Nagaland as on 1st April, 2002 issued by the Office of the Commissioner, Nagaland, Kohima wherein, the name of Puranabazar ‘B’ Village is listed at Serial No. 16 with 51 houses 2 GBs and shown as a recognized village. Learned senior counsel for the petitioner has also drawn the attention of this Court to a communication dated 25th July, 2016 written by the Additional Secretary to the Government of Nagaland and addressed to the Commissioner, Nagaland with regard to the recognition status of Puranabazar ‘B’ village under Dimapur District wherein, it is stated that the Government has examined the detail report on the status of recognition of Puranabazar ‘B’ Village and observed that Puranabazar ‘B’ Village is a traditionally established village and the Department does not issue recognition order or notify recognition of a traditionally or ancestrally established village. He, therefore, submits that as the allotment certificate issued by the Puranabazar ‘B’ Village being a certificate issued by a traditionally established authority, there is no requirement for permission from any authority to grant land allotment within its territorial jurisdiction. Therefore, the Deputy Commissioner, Dimapur, Nagaland had no authority to issue the impugned order dated 17.12.2018 by which, the order dated 25.08.2014 and Patta No. 1675 were declared cancelled. The further case of the petitioner is that as the land is a private land and not within the ambit of Government land covered by Notification No.LR/4-9/82 (P) Feb 1992, the Deputy Commissioner, Dimapur has no authority to issue the eviction order dated 16.03.2019 and if the respondent No.4 has any claim over the land of the petitioner, the only option for the respondent No.4 is to approach the Civil Court which has the jurisdiction to try such matters. 5. Ms. A. Ayemi, learned Government Advocate submits that the provisions of Assam Land and Revenue Regulation, 1886 is applicable in Dimapur, Nagaland. Therefore, the Government has ownership of land. Learned Government Advocate also submits that the claim of the petitioner to claim right, title and interest over the dispute land by way of an unregistered sale deed is not tenable in law. She further submits that as the disputed land falls under Dimapur Mauza and therefore no allotment of land can be issued by a village authority. The respondent No.3 therefore after receiving the complaint from the respondent No.4 had heard both the parties and after verification of all Revenue records had issued the Orders dated 17.12.2018 and Eviction Order dated 16th march, 2019. The respondent No.3 having jurisdiction had passed the aforesaid 2 (two) orders and therefore no interference is called for. 6. Mr. Z.N. Ngullie, learned counsel appearing for the respondent No.4, on the other hand, submits that the respondent No.4 acquired the right, title and interest over the said land by way of a Gift Deed dated 17.09.2008 executed between Shri. Yanrenthung Lotha and the respondent No.4. Thereafter, Jamabandi in respect of Patta No. 1145 Dag No.104/1703 for an area of 05-0-00 was mutated and transferred into his name. As the petitioner was encroaching over the land of respondent No.4, he filed a complaint dated 21.06.2017 before the Extra Assistant Commissioner, Chumukedima. Thereafter, Jamabandi in respect of Patta No. 1145 Dag No.104/1703 for an area of 05-0-00 was mutated and transferred into his name. As the petitioner was encroaching over the land of respondent No.4, he filed a complaint dated 21.06.2017 before the Extra Assistant Commissioner, Chumukedima. He, therefore, submits that as the Puranabazar ‘B’ Village Council has no authority to issue the land certificate to the petitioner, the very basis over which the petitioner claims title over the land does not survive and therefore, no interference is required in the impugned order dated 17.12.2018 and the Eviction Order dated 16.03.2019. Further, the case of the respondent No.4 is that the Additional Secretary to the Government of Nagaland by a letter dated 15.07.1985, conveyed the approval of the Government of Nagaland for allotment of land in respect of Dage No.104 Block No. Nil measuring an area of 195B-3K-OLS to Shri. T.A. Ngullie and party in which the respondent No.4 is one of the beneficiaries. 7. Mr. Limawapang, learned counsel for the respondent No.5 submits that the Puranabazar village was established in the year 1942 and therefore, it is considered a traditional village and as such, the village council of the said village has the authority to issue land certificate in respect of any parties within its territorial jurisdiction. He, however, submits that insofar as, the dispute between the petitioner and the respondent No.4 is concerned, the same being a disputed question of facts, the aggrieved party may be directed to approach the Civil Court having competence and jurisdiction. 8. Heard the learned counsel for the parties. 9. A consideration of the submissions of the learned counsel for the parties as already recorded hereinabove would clearly indicate that there are serious disputed question of facts involved in this case inasmuch as, both the petitioner and the respondent No.4 claims right, title and interest over the disputed land. This Court has noticed that it was the Deputy Commissioner, Dimapur who had regularized the land of the petitioner and thereafter on the basis of said regularization, Jamabandi was issued to him. The respondent No.4 also claims right, title and interest over the said land on the basis a Gift Deed dated 17.09.2008 executed between Shri. Yanrenthung Lotha and the respondent No.4 and thereafter, the land was mutated in the name of the respondent No.4. The respondent No.4 also claims right, title and interest over the said land on the basis a Gift Deed dated 17.09.2008 executed between Shri. Yanrenthung Lotha and the respondent No.4 and thereafter, the land was mutated in the name of the respondent No.4. This claims and counter-claims over the disputed land cannot be adjudicated by this Court sitting under Article 226 of the Constitution. It is already a settled principle of law that for right, title and interest over a particular area, it is only the Civil Court that has competence and jurisdiction to adjudicate the matter. The impugned order dated 17.12.2018 issued by the Deputy Commissioner, Dimapur, Nagaland declaring the order dated 25.08.2014 and Patta No. 1675 as cancelled and the Allotment Certificate No.73 issued by the Puranabazar ‘B’ Village Council as null and void is also found without jurisdiction of the Deputy Commissioner, Dimapur, Nagaland. Further, in the absence of any proof that the disputed land falls under the Government land, the Deputy Commissioner, Dimapur, Nagaland could not have issued the Eviction Order dated 16.03.2019. Accordingly, the order dated 17.12.2018 and the Eviction Order dated 16.03.2019 are set aside and quashed. 10. The writ petition is accordingly allowed. Liberty is granted to the aggrieved party to approach the competent Civil Court for redressal of any grievances, if so advised.