Tokhuvi L Sumi, S/O Shri Lukhuvi Aye v. State of Nagaland Represented By The Chief Secretary
2025-09-01
DEVASHIS BARUAH
body2025
DigiLaw.ai
JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. P. B. Paul, the learned counsel appearing on behalf of the Petitioner and Ms. S. Mere, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 to 6. 2. The Petitioner herein is aggrieved by the communication dated 15.11.2023 whereby the Additional Deputy Commissioner, Jalukie, Nagaland had directed the Petitioner to dismantle illegal structure and vacate the areas along with the structures and belonging within 14 days from the date of receipt of the said notice. 3. The learned counsel for the Petitioner submitted that the said eviction order dated 15.11.2023 has been passed without giving an opportunity of hearing to the Petitioner and as such, the same violates the principles of natural justice which is a facet of Article 21 of the Constitution. 4. Ms. S. Mere, the learned Government Advocate appearing on behalf of the Respondents submitted that the basis on which the Petitioner claims any right over the land has no legs to stand more so when the Petitioner has claimed his right during the existence of status quo order. 5. This Court having heard the learned counsels appearing on behalf of the parties is of the opinion that as the order of eviction dated 15.11.2023 admittedly has been issued without any notice being issued to the Petitioner and as such, the said order is required to be interfered with. This Court however cannot also be unmindful of the fact that the Respondent Authorities have the authority to carry out eviction of unauthorized structure, if the Petitioner does not have any bonafide claim of right involved. 6. Considering the above, this Court therefore interferes with the impugned order dated 15.11.2023 and disposes of the instant writ petition with the following observations and directions. (i) The impugned order dated 15.11.2023 is set aside and quashed. (ii) Taking into account that it is the claim of the Petitioner that the Petitioner has not been issued any notice prior to the issuance of the order dated 15.11.2023, this Court grants the liberty to the Petitioner to submit a representation to the Additional Deputy Commissioner, Chumoukedima, Nagaland showing that the Petitioner has a right to remain in possession of the said land in respect to which the eviction order dated 15.11.2023 was passed. (iii) The said representation be submitted within a period of 15 days from the date of the instant order.
(iii) The said representation be submitted within a period of 15 days from the date of the instant order. (iv) The Additional Deputy Commissioner, Chumoukedima, Nagaland is directed to give an opportunity of hearing to the Petitioner by fixing a date and thereupon shall decide the said representation in accordance with law. (v) This Court further observes that in the circumstance, the Additional Deputy Commissioner, Chumoukedima, Nagaland is of the opinion that the land wherein the Petitioner is in possession in respect to which the eviction order was passed does not fall within his jurisdiction, the same be transferred to the Additional Deputy Commissioner, Jalukie, Nagaland who shall upon transfer, duly intimate the Petitioner about the date of hearing and upon hearing the Petitioner, pass appropriate orders, as deemed fit as per law. (vi) Interim order passed earlier stands vacated.