Page No.# 1/5 GAHC020000182024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/4/2024 SHRI IBAGONG HEGA S/O GOBI R/O PEREN VILLAGE, PEREN NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY FOOD AND CIVIL SUPPLIES NAGALAND KOHIMA 3:THE DIRECTOR FOOD AND CIVIL SUPPLIES NAGALAND KOHIMA 4:THE ASSISTANT DIRECTOR OF SUPPLY PEREN NAGALAND 5:SMTI. TONNY K D/O KHUTOI C/O ADS PERE Advocate for the Petitioner : C. T. JAMIR, SR. ADV, IMTILA PONGEN,JIWALO APON,NUNGSANG AIER,KROVI TSUKRU,TOSHI JAMIR,ASA RUTSA,ALIBA OZUKUM,I IMCHEN Advocate for the Respondent : GOVT ADV NL, Page No.# 2/5 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 29-07-2025 Heard the learned Sr. counsel Mr. C.T. Jamir assisted by Mr. Aliba Ozukum for the petitioner Shri Ibagong Hega, Mr. M. Longkumer, learned Government Advocate for the State respondent Nos. 1 to 4 and Ms. Nagali Shohe, learned counsel for the respondent No.5. 2. The petitioner is aggrieved by the appointment of the respondent No.5 in violation of the OM dated 04.06.2016 of the Government of Nagaland, Personnel and Administrative reforms Department (Administrative Reforms Branch) as the respondent No.5 or his ancestors were land owners in Peren region. On the contrary, the learned counsel for the petitioner submits that the petitioner is a descendant of the land owner and their family do- nated their land for several Government offices including the of- fice of the Assistant Director Food & Civil Supplies, Peren. The petitioner is aggrieved as the petitioner was not considered for appointment in Grade-IV vacancy in the same Department. 3. The petitioner thereafter approached the respondent authorities on several occasions but could not evoke any re- sponse from the authorities, even in terms of the agreement dated 23.11.1998 as well as the standing OM dated 05.03.2019. The petitioner was impelled to submit representation dated 20.04.2023 addressed to the Director, Food and Civil Supplies, Nagaland Kohima for appointment as Scaleman in their estab- lishment. It is contended that despite having knowledge about Page No.# 3/5 the agreement dated 23.11.1998 annexed along with affi- davit-in-reply as Annexure-X, the petitioner was not considered for the appointment to the aforementioned post as per the terms of the agreement. The respondent authorities vide impugned or- der dated 11.11.2019 appointed Smt Tonny K who is neither a land owner nor indigenous inhabitant of Peren district in viola- tion of the agreement dated 23.11.1998 and OM dated 04.06.2016. The petitioner has prayed to set aside the impugned order dated 11.11.2019 as a discriminatory order has been passed arbitrarily and whimsically. 4. The learned counsel for the respondent No.5 has submitted that the respondent No.5 was appointed by the Direc- torate of Food and Civil Supplies, Dimapur on 11.11.2019 and was posted at Peren and that there is no illegality in her appoint- ment. It is further submitted that owing to exigencies of service the respondent No.5 was appointed on temporary basis. 5. Mr. M. Longkumer, learned Government Advocate has submitted that application submitted by another candidate Shri Nsinlakpe Zeliang who claims to be land owner was considered and he was appointed vide order dated 13.05.1999 as Peon in the aforementioned Department at Peren. Thus, it is clear that the Deputy Commissioner, Peren appoints candidates on the ba- sis of land ownership. It is further submitted that Notification No.LR/6-181/LIT/2015 dated 05.03.2018 at para 3 (Annexure-D) of the petition clearly indicates that once a land owner is ap- pointed for a particular post another land owner cannot in per- petuity be allowed to be appointed. Thus the petitioner has no enforceable right which has already been extinguished by the Page No.# 4/5 appointment of Nsinlakpe Zeliang. It is further submitted that the petitioner has not shown any documents of land ownership claimed by the petitioner as descendant. 6. In reply, the learned Sr. counsel for the petitioner has submitted that the agreement dated 23.11.1998 marked as An- nexure-X to the affidavit-in-reply clearly indicates that the peti- tioner’s father’s name, Mr. Gobi is at Sl. No.13 as he was the owner of the land taken over by the Department. Thus, the peti- tioner’s right to employment has been infringed arbitrarily by ap- pointing the respondent No.5. It is further submitted on behalf of the petitioner that although attention of this Court is drawn to the appointment of Shri Nsinlakpe Zeliang, yet there are no doc- uments to substantiate and affirm that the appointment was made after considering that the candidate was land owner of the particular area. It is also submitted that the Village Council cer- tificate marked as Annexure-C clearly reflects that the petitioner is a land owner in the particular area. 7. The learned Government Advocate has further con- tradicted the submission stating that in any order, the verification by the office of the Deputy Commissioner is not reflected while appointing an employee on the basis of land ownership. 8. I have considered the submissions at the bar with circumspection. 9. The learned Government Advocate has not substanti- ated his submission with documents that the candidature of Nsinlakpe Zeliang was considered on land ownership basis of that area. On the contrary, the petitioner has clearly furnished documents to substantiate that the petitioner is a land owner of Page No.# 5/5 that particular area. The respondent No.5 was indeed not a land owner and as submitted by the learned counsel for the respon- dent No.5, she was appointed at Dimapur and posted at Peren, owing to exigencies of service. 10. After considering all aspects, I deem it appropriate to direct the respondents more particularly, the respondent Nos. 2 and 3 to verify if the petitioner is the land owner in terms of the Notification dated 05.03.2018 and consider the petitioner’s prayer for appointment in the Department of Food and Civil Sup- plies, Peren within 3(three) months from the date of receipt of a copy of this order. The respondents are also directed to verify if Nsinlakpe Zeliang is also a land owner having landed property in the Peren region. 11. In terms of the above observation, this writ petition is disposed of. Sd/- JUDGE Comparing Assistant