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2025 DAILYLAW 23042 (GAU)

KIYETO ZHIMOMI v. STATE OF NAGALAND AND 5 ORS

WP(C)/11/2025 · 2025-02-12

Kakheto Sema

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC020000272025 2025:GAU-NL:30 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/11/2025 KIYETO ZHIMOMI S/O VIKUHO ZHIMOMI R/O 7TH MILE MODE VILLAGE CHUMOUKEDIMA-797103, NAGALAND VERSUS STATE OF NAGALAND AND 5 ORS REPRESENTATED BY THE CHIEF SECRETARY GOVT. OF NAGALAND NAGALAND KOHIOMA 2:THE UNION OF INDIA REPRESENTED BY THE CHAIRPERSON OF CENTRAL BUREAU OF INDIRECT TAXES NORTH BLOCK NEW DELHI-110002 3:THE COMMISSIONER AND SECRETARY MUNICIPAL AND TRIBAL AFFAIRS CIVIL SECRETARIAT NAGALAND KOHIMA-797004 4:THE COMMISSIONER OF TAXES DIMAPUR NAGALAND HILL VIEW COLONY DIMAPUR-797113 5:THE CHIEF EXECUTIVE OFFICER DIMAPUR MUNICIPAL COUNCIL MARWAR PATTI Page No.# 2/3 KALIBAR ROAD DIMAPUR-797112 NAGALAND 6:MR. KIMITO YEPTHO S/O LATE GHOHIVI YEPTHO R/O THILIXU BLOCK V DIMAPUR-79711 Advocate for the Petitioner : NEITEO KOZA, ABI SENOTSU Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA ORDER 13.02.2025 Heard Ms. Neiteo Koza, learned counsel for the petitioner, Mr. Moa Imchen, learned Senior Government Advocate for the State respondent Nos. 1, 3 & 4, Mr. Chingyang Phom, learned counsel for respondent No. 2 and Mr. P.B. Paul, learned counsel for the respondent No. 5. The present petition has been filed impugning the Permit dated 14.10.2024, issued by the Chairperson, Dimapur Municipal Council (DMC), Dimapur, Nagaland, allowing the respondent No. 6 to collect DMC Urban Utility Fees from foreign dry areca nut at Dimapur Railway Station for a period of one year from the date of issue of the permit under certain terms and conditions. The petitioner who is a trader, being aggrieved by the Permit dated 14.10.2024 has impugned the same in the instant writ petition. On 03.02.2025, this Court had inter alia directed the respondent Nos. 4 and 5 to file their respective affidavits in the matter on or before Page No.# 3/3 10.02.2025 apprising the Court the authority under which the DMC had allowed the respondent No. 6 to collect DMC Urban Utility Fees from foreign dry areca nut at Dimapur Railway Station (Railway Station being within the Railway Department of Union of India, in its Railway Department). Today, when the matter is listed, Mr. P.B. Paul, learned counsel for respondent No. 5 (DMC) has placed the Cancellation Order No. DMC/G- 14/UUF/2024-25 dated 10.02.2025 cancelling the permit issued to the respondent No. 6, which is impugned in the present writ petition. Ms. Neiteo Koza, learned counsel for the petitioner submits that in view of the Cancellation Order issued by the respondent No. 5, the relief sought for in the present writ petition has been redressed. She, therefore, submits that the present writ petition can be closed. After hearing the learned counsel for the petitioner and in view of the Cancellation Order date 10.02.2025 issued by the respondent No. 5 cancelling the Order which is impugned in the present writ petition, this Court is of the view that no further cause of action survives. The writ petition accordingly stands disposed. The Cancellation Order dated 10.02.2025 issued by the Chief Executive Officer, Dimapur Municipal Council, Dimapur, Nagaland (DMC) shall be placed on record. JUDGE Comparing Assistant