JUDGMENT : DEVASHIS BARUAH, J. 1. Heard Mr. N. Mozhui, learned counsel assisted by Ms. N. Rupreo, appearing for the petitioner and also heard Mr. Taka Masa, learned Senior Advocate assisted by Mr. Arenlong, appearing for the respondent. 2. This is an application under Article 227 of the Constitution of India, read with Rule 32 of the Rules for Administration of Justice and Police in Nagaland, 1937 (For short the Rules) and Section 151 of the Code of Civil Procedure, 1908, for quashing the Political Case No. 3/2021 pending before the Dobashi’s Court, Kohima; for quashing the communication dated 06.04.2021 to the President of the Tholo Nakhro clan, as well as also the show-cause notice dated 29.04.2021 issued by the Head Dobashi’s Court, Kohima, to the petitioner stating inter-alia, if the petitioner failed to appear, a warrant of arrest would be issued against him. 3. The case of the petitioner in brief is that a dispute arose between the petitioner’s clan i.e. Tholo Nakhro clan and one Mr. Rokonizo. The petitioner’s clan being aggrieved with the decision of the Dobashi’s Court dated 17.04.2012 preferred an appeal before the Assistant to the Deputy Commissioner (Judicial), Kohima, now designated as Civil Judge (Senior Division), Kohima. The said Appeal was registered as Civil Appeal No. 4/2012. Vide Judgment and Order dated 31.10.2014, the Court of the Civil Judge Senior Division, Kohima, allowed the Appeal thereby setting aside the decision dated 17.04.2012 of the Dobashi’s Court. The said Mr. Rokonizo thereafter preferred an appeal against the Judgment and Order dated 31.10.2014, before the Principal District Judge, Kohima, which was registered and numbered as Civil Appeal No. 01/2015, and it is presently pending before the Principal District Judge, Kohima. 4. The petitioner’s further case is that the respondent herein was not a party to the said proceedings between the petitioner and Mr. Rokonizo. The respondent filed Complaint on 23.10.2019 before the Deputy Commissioner, Kohima. The Deputy Commissioner, Kohima, endorsed the case to the Political Agent to the Deputy Commissioner, Kohima. On the basis of the said Complaint dated 23.10.2019, the Political Agent to the Deputy Commissioner registered the case as Political Case No. 1/2019 and issued Summons dated 28.10.2019 to the petitioner’s clan directing them to appear on 11.11.2019. The Deputy Commissioner, Kohima, endorsed the case to the Political Agent to the Deputy Commissioner, Kohima. On the basis of the said Complaint dated 23.10.2019, the Political Agent to the Deputy Commissioner registered the case as Political Case No. 1/2019 and issued Summons dated 28.10.2019 to the petitioner’s clan directing them to appear on 11.11.2019. The petitioner’s clan on receipt of the said Summons dated 28.10.2019 submitted a representation dated 07.11.2019 requesting the Deputy Commissioner, Kohima to immediately revoke the Political Case No. 1/2019 as the dispute over the same is pending before the Court of the Principal District Judge, Kohima in Civil Appeal No. 1/2015. However, inspite of the said representation, the Political Agent to the Deputy Commissioner issued Summons dated 11.11.2019 directing the petitioner’s clan to appear before him on 20.11.2019. Being aggrieved by the said Summons dated 11.11.2019, the petitioner’s clan filed a Civil Revision No. 8(K)/2019 before this Court challenging the said Political Case No. 1/2019 and the summons issued in the said case. This Court vide Order 30.01.2020 allowed the said petition thereby quashing and setting aside Political Case No. 1/2019 and the Summon issued by the Political Agent to the Deputy Commissioner and the Respondent herein was directed to approach the competent court for redressal of his grievances strictly as per The Rules. The relevant portion of the said Order passed by this Court on 30.01.2020 is quoted herein-below: “Mr. Taka Masa, learned senior counsel fairly submits that the P.A. to Deputy Commissioner is not authorized to take up cases and in fact it is the Dobashis to take up such cases on being referred by the Deputy Commissioner or the Addl. Deputy Commissioner or Assistant to Deputy Commissioner as the case may be in terms of Rule 23 A of the Administration of Justice Rules. Upon considering the submissions made by the parties and on perusal of the materials available on record, I find force in the submission of the learned counsel for the petitioner. As such, the impugned Political Case No. 01/2019 and the summon issued by the P.A. to the Deputy Commissioner, Kohima are hereby set aside and quashed. However, parties aggrieved, particularly the respondent may approach the competent Court for redressal of his grievance which should be dealt strictly in terms of the Rules for Administration of Justice. Petition stands disposed of.” 5. However, parties aggrieved, particularly the respondent may approach the competent Court for redressal of his grievance which should be dealt strictly in terms of the Rules for Administration of Justice. Petition stands disposed of.” 5. Admittedly the said Order passed by this Court on 30.01.2020, there was no challenge in so far as the liberty given to the Respondent to approach the competent Court for redressal of his grievances. At this stage, it may also be relevant to take note that a perusal of the said Order dated 30.01.2020 would also show that it was the specific case of the petitioner therein that in terms with Rule 23A of The Rules, it is the Dobashi to try and decide the civil cases subject to the case being referred to them by the Deputy Commissioner or the Additional Deputy Commissioner as the case may be. Further to that it is also relevant to take note that in paragraph 15 of the said Revision Application filed by the petitioner’s clan before this Court i.e. Civil Revision No. 8(K)/2019, it was the case of the petitioner therein that the issue over the same dispute over the portion of land at Rukeshuzou at Viphoma Village, Kohima, is pending before Principal District Judge, Kohima, between the petitioner’s clan and Mr. Rokonizo. 6. The petitioner thereafter on 04.02.2020 filed a complaint before the Deputy Commissioner, Kohima bringing to the notice of the Deputy Commissioner the said Order dated 30.01.2020 passed by this Court in Civil Revision No. 8(K)/2019 and requested the Deputy Commissioner, Kohima, to endorse the matter to the competent Court for taking up the case for disposal. On the basis of the said communication, the Deputy Commissioner, Kohima, in terms with Rule 23A of The Rules referred the matter to the Dobashi’s Court which was registered as Political Case No. 3/2021. 7. The petitioner, herein, on coming to learn about the said registration filed a representation dated 27.03.2021 to the Dobashi Court stating inter-alia that dispute over the same portion of the terrace field/land namely Rukeshuzou at Viphoma Village, Kohima, Nagaland, between the Tholo Nakhro clan and Mr. Rokonizo registered as Civil Appeal No. 1/2015 is still pending before the Principal District Judge, Kohima, and as such the petitioner’s clan would not be able to attend the Dobashi’s Court. Rokonizo registered as Civil Appeal No. 1/2015 is still pending before the Principal District Judge, Kohima, and as such the petitioner’s clan would not be able to attend the Dobashi’s Court. It was also mentioned that the petitioner was never served a copy of the Political Case till date. The petitioner’s further case is that the Dobashi’s Court thereupon issued Summon dated 06.04.2021 to the petitioner directing him to appear before the Dobashi’s Court on 29.04.2021. Another letter dated 06.04.2021 was also issued by the Head of the Dobashi’s Court to the President of the petitioner’s clan directing the clan to attend the Dobashi’s Court on 29.04.2021. The further case of the petitioner is that the said Dobashi’s Court could not have taken up the said dispute for adjudication in view of the pendency of the similar dispute before the Principal District Judge, Kohima, in Civil Appeal No. 1/2015, and as such, was of the impression that the said Dobashi’s Court shall not proceed with the matter. However, on 29.04.2021, another Summons was issued by the Dobashi’s Court directing the petitioner’s clan to appear before the said Court on 18.05.2021. It is against the said initiation of Political case No. 3/2021 and issuance of the Summons and Show-cause notice that the petitioner has approached this Court for setting aside the same on the ground that in respect to the same subject matter the proceeding is pending i.e. Civil Appeal No. 1/2015 before the Court of the District Judge, Kohima. 8. This Court issued notice on 19.07.2021 and stayed the further proceedings in Political Case No. 3/2021 pending before the Dobashi’s Court, Kohima. The respondent no. 1 appeared before this Court and filed his Affidavit-in-Opposition. In the said Affidavit-in-Opposition, it was the specific case of the respondent that initially the Tholo Nakhro clan members consists of representatives from Viphoma Village, Jotsoma Village, Meriema Village and from P. Khel, Kohima Village. The clan owns a joint plot of land at Rukeshuzou at Viphoma Village, Kohima. Sometime in the year 1999, the clan decided to sell a portion of the said land. The respondent had purchased a portion of the said land in the year 1999 and he has been in continuous possession and developing/cultivating the land till date. The clan owns a joint plot of land at Rukeshuzou at Viphoma Village, Kohima. Sometime in the year 1999, the clan decided to sell a portion of the said land. The respondent had purchased a portion of the said land in the year 1999 and he has been in continuous possession and developing/cultivating the land till date. It was also stated that along with the respondent, Shri Rokonizo son of Late Velilie who hails from Jotsoma Village and a bona-fide member of Tholo Nakhro clan had also purchased another part of land at Rukeshuzou at Viphoma Village, Kohima and he has been in possession of the said portion of land that he had purchased. In the year 2012, the said Tholo Nakhro clan behind the back of the respondent and Mr. Rokonizo had sold the land situated at Rukeshuzou at Viphoma Village, Kohima to one Mr. Chupfuo Kense including the land of the respondent and Mr. Rokonizo. Mr. Rokonizo being aggrieved had filed a case against the Tholo Nakhro clan at the Dobashi’s Court of Kohima on the basis of which Political Case No. 1/2012 was registered. The Dobashi’s Court in its decision dated 17.04.2012 decided in favor of Mr. Rokonizo. In the said case, the respondent appeared as a witness in favor of Mr. Rokonizo. The Tholo Nakhro clan thereafter filed a Civil Appeal No. 4/2012 before the Civil Judge (Senior) Division, Kohima and vide judgment and order dated 31.10.2014, the said Civil Judge (Senior) Division, Kohima had quashed and set aside the decision dated 17.04.2012 passed by the Dobashi’s Court for which Mr. Rokonizo had filed Civil Appeal No. 1(K)/2015 in the Court of the District and Sessions Judge, Kohima which is presently pending. 9. The further case of the respondent as stated in the said Affidavit-in-Opposition is that some of the representatives of the Tholo Nakhro clan, from P. Khel, Kohima Village including the respondent had withdrawn from membership of the Tholo Nakhro clan in view of the illegal actions of the Tholo Nakhro clan whereby the clan had resold the land belonging to the respondent situated at Rukeshuzou at Viphoma Village, Kohima. It was also mentioned that vide notice bearing Information No. TH/NL/02-19 dated 13.07.2019 signed by the petitioner and the Secretary of the Tholo Nakhro clan, it was informed to the clan members that in view of the withdrawal of the Mere clan, P. Khel, Kohima Village, from the Tholo Nakhro clan, henceforth the respondent shall not be allowed to do any land development and cultivate paddy field at Rukeshuzou at Viphoma Village, Kohima. Further to that the Tholo Nakhro clan had also put a signboard in the respondent’s land which reads as “Site For Tholo Nakhro Clan Property” the photograph of which has been enclosed as Annexure-C to the said Affidavit-in-Opposition. It is on the basis of the said actions on the part of the Tholo Nakhro clan that the respondent being highly aggrieved had filed a complaint before the Deputy Commissioner, Kohima who ought to have endorsed it to the Dobashi’s Court but wrongly endorsed the complaint to the Political Agent to the Deputy Commissioner and on the basis of which the Political Case No. 1/2019 was registered. Thereupon, in view of the Order dated 30.01.2020, passed in Civil Revision No. 8(K)/2019, the said Political Case No. 1/2019 and the Summons and the Show-cause notice issued therein were set aside and quashed thereby granting the liberty to the respondent to approach the competent Court for redressal of his grievances. On the basis of the said Order dated 30.01.2020, the respondent again approached the Deputy Commissioner on 04.02.2020 and thereupon the Political Case No. 3/2021 was registered and the Summon and Notices were issued on 06.04.2021 and 29.04.2021 respectively. 10. In the said Affidavit-in-Opposition, it was also mentioned that the subject matter of the present case is totally different and distinct from the issues involved in Civil Appeal No. 1/2015 which is subjudice in the Court of the District and Sessions Judge Kohima even though the portion of the land belonging to the respondent and Mr. Rokonizo are situated adjacent to each other and overlapping at Rukeshuzou at Viphoma Village, Kohima. On the basis thereof, it has been contended in the said Affidavit-in-Opposition that the instant proceeding initiated for quashing of the said Political Case 3/2021 and the Summon and Notices issued are totally misconceived and not maintainable. 11. I have heard the learned counsels for the parties and have also perused the materials on record. On the basis thereof, it has been contended in the said Affidavit-in-Opposition that the instant proceeding initiated for quashing of the said Political Case 3/2021 and the Summon and Notices issued are totally misconceived and not maintainable. 11. I have heard the learned counsels for the parties and have also perused the materials on record. A perusal of the records reveals that the dispute between the Tholo Nakhro clan and Mr. Rokonizo was based upon a complaint filed before the Deputy Commissioner, Kohima, dated 11.01.2012, whereby the allegation was that the petitioner’s clan along with his friends had sold the land twice and on the basis of which a reference was made under Rule 23A of The Rules to the Dobashi Court and the Dobashi Court vide decision dated 17.04.2012 ruled in favor of the said Mr. Rokonizo. Thereafter, the appeal was filed by the said Tholo Nakhro clan before the Court of Civil Judge (Senior) Division, Kohima, which was registered as Civil Appeal No. 4/2012 vide the Judgment and Order dated 31.10.2014, the Court of the Civil Judge (Senior) Division, Kohima, allowed the said appeal by setting aside and quashing the decision dated 17.04.2012 of the Dobashi’s Court in Political Case No. 1/2012 and thereupon an appeal was filed by the said Mr. Rokonizo to the Court of the Principal District Judge, Kohima which have been registered and numbered as Civil Appeal No. 1/2015. 12. On the other hand, if we see the case of the respondent, it would be apparent that the said Tholo Nakhro clan of which the petitioner happens to be the President had issued a notice bearing No. TH/NL/02-19 dated 13.07.2019 whereby it was informed to all concerned that the respondent is Mere clan, P. Khel, Kohima Village have left Tholo Nakhro clan and the respondent shall not be allowed to do any land development and cultivate paddy fields at Rukeshuzou at Viphoma Village, Kohima. On the same date, in the land allegedly belonging to the respondent a signboard was erected by the Tholo Nakhro clan which read as “Site for Tholo Nakhro Clan Property.” It is on the basis thereof a cause of action has arisen to the respondent who claims to be the owner of the said land and on the basis of which the said respondent have submitted a complaint to the Deputy Commissioner, Kohima, on 23.10.2019 whereupon Political Case No. 1/2019 was registered. It further appears on record that in the said proceedings i.e. in Political Case No. 1/2019, it was the specific stand of the Tholo Nakhro clan that in respect to the same land dispute, proceedings were pending before the Court of the Principal District Judge, Kohima, in Civil Appeal No. 1/2015. This very stand was taken before the Political Agent to the Deputy Commissioner as well as also before this Court in Civil Revision 8(K)/2019. Inspite of the said stand being taken, this Court vide Order dated 30.01.2020 in Civil Revision 8(K)/2019 had set aside and quashed the said Political Case No. 1/2019 and the show-cause notice and Summons issued therein, thereby granting the liberty to the respondent to approach the competent Court for redressal of his grievances. The Order dated 30.01.2020 has however, not been assailed by the petitioner or the clan of the petitioner. It further appears that on 04.02.2020, pursuant to the Order passed by this Court dated 30.01.2020, in Civil Revision 8(K)/2019, the Deputy Commissioner, Kohima, had referred the complaint filed by the respondent on 04.02.2020 to the Dobashi’s Court for decision which have been registered as Political Case No. 3/2021 and on the basis of which the Summons and Show-cause notices have been issued. The issuance of the Notice dated 13.07.2019 and the erection of the signboard is a subsequent cause of action even if this Court presumes that the lands of Civil Appeal No. 1/2015 and Political Case No. 3/2021 are one and the same. Further to that the respondent is not a party to the said proceedings in Civil Appeal No. 1/2015 or in any proceedings connected thereto. The respondent herein specifically claims to be owner of a part of the land which was purchased in the year 1999. Further to that the respondent is not a party to the said proceedings in Civil Appeal No. 1/2015 or in any proceedings connected thereto. The respondent herein specifically claims to be owner of a part of the land which was purchased in the year 1999. The respondent further claims that his rights over the said land have been affected on the basis of the notice dated 13.07.2019 whereby it was informed that the respondent shall not be allowed to do any land development and cultivate paddy field at Rukeshuzou at Viphoma Village, Kohima, i.e. the land the respondent claims he had purchased and apart from that the said Tholo Nakhro clan had also erected a signboard. All these being a separate and distinct cause of action this Court is of the opinion that on the basis of the pendency of the Civil Appeal No. 1/2015, the rights of the respondent to ventilate his grievances cannot be curtailed and therefore, it is the opinion of this Court that the instant Petition filed is misconceived and not maintainable. Accordingly, the instant Petition stands dismissed. 13. The Registry is directed to forthwith send back the records. 14. In view of the disposal of the instant proceedings the said Order dated 19.07.2014, is hereby vacated and the parties are directed to appear before the Dobashi Court, Kohima on 25.03.2022 and the said Authority shall proceed with the disposal of the said proceedings in accordance with the established principles of law.