Page No.# 1/8 GAHC020002432021 2025:GAU-NL:41 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/98/2021 SHRI. LIMTHURE YIMCHUNGER S/O YANSOMONG, FAKIM VILLAGE, R/O PUNGRO TOWN, KIPHIRE, NAGALAND VERSUS THE STATE OF NAGALAND AND 12 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND, KOHIMA 2:THE COMMISSIONER NAGALAND KOHIMA 3:THE DEPUTY COMMISSIONER KIPHIRE NAGALAND 4:THE ADDITIOANL DEPUTY COMMISSIONER PUNGRO KIPHIRE NAGALAND 5:THE PUNGRO VILLAGE COUNCIL PUNGRO KIPHIRE NAGALAND Page No.# 2/8 REPRESENTED BY SHRI. RUSUMEW HEAD GB. 6:SHRI. A. SUPITHONG S/O AHOKIU PERMANENT R/O PUNGRO VILLAGE P.S/P.O PUNGRO TOWN KIPHIRE NAGALAND 7:SHRI RUSUMEW S/O LT. TSANGMULI PERMANENT R/O PUNGRO VILLAGE P.O. AND P.O. PUNGRO TOWN KIPHIRE NAGALAND 8:SHRI K. YOUNGTSUTHONG S/O LT. KIMEW PERMANENT R/O PUNGRO VILLAGE P.O. AND P.O. PUNGRO TOWN KIPHIRE NAGALAND 9:SHRI KIUTSUTHONG S/O LT. KIMEW PERMANENT R/O PUNGRO VILLAGE P.O. AND P.O. PUNGRO TOWN KIPHIRE NAGALAND 10:SHRI A. KHIUTSUTHONG S/O LT AHOKIU PERMANENT R/O PUNGRO VILLAGE P.O. AND P.O. PUNGRO TOWN KIPHIRE NAGALAND 11:SHRI N YONGTSUTHONG S/O LT. NEOKOKIU PERMANENT R/O PUNGRO VILLAGE P.O. AND P.O. PUNGRO TOWN KIPHIRE NAGALAND 12:SHRI H. KHIUVAKIU S/O LT TSAKIU PERMANENT R/O PUNGRO VILLAGE P.O. AND P.O. PUNGRO TOWN KIPHIRE NAGALAND 13:SHRI N. YISUKIU Page No.# 3/8 S/O LT. KIUSUMEW PERMANENT R/O PUNGRO VILLAGE P.O. AND P.O. PUNGRO TOWN KIPHIRE NAGALAN Advocate for the Petitioner : TONGPOK PONGENER, S REOPI,M. ATHAI,TONGPANG JAMIR,LAKNYEI PHOM Advocate for the Respondent : GOVT ADV NL, Linked Case : WP(C)/99/2021 SHRI. YESUKIU S/O LT. KHUTHONG PHUVKIU VILLAGE KIPHIRE R/O PUNGRO TOWN KIPHIRE NAGALAND VERSUS THE STATE OF NAGALAND AND 11 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA 2:THE COMMISSIONER NAGALAND KOHIMA 3:THE DEPUTY COMMISSIONER KIPHIRE NAGALAND 4:THE ADDITIONAL DEPUTY COMMISSIONER PUNGRO KIPHIRE NAGALAND Page No.# 4/8 5:THE PUNGRO VILLAGE COUNCIL PUNGRO KIPHIRE NAGALAND REPRESENTED BY SHRI. RUSUMEW HEAD GB. 6:SHRI. A. KHIUTSITHONG S/O AHOKIU PERMANENT R/O PUNGRO VILLAGE P.S/P.O PUNGRO TOWN KIPHIRE NAGALAND 7:SHRI. KIUKHANGBA HUHDANGRU VILLAGE R/O PUNGRO TOWN KIPHIRE NAGALAND 8:SHRI. LAKIUMONG HUHDANGRU VILLAGE R/O PUNGRO TOWN KIPHIRE NAGALAND 9:THRUNGSO PUNGRUNGRU VILLAGE R/O PUNGRO TOWN KIPHIRE NAGALAND 10:SHRI. NOIJI POKHPUR VILLAGE R/O PUNGRO TOWN KIPHIRE NAGALAND 11:KIUSHU SANGPHUR VILLAGE Page No.# 5/8 R/O PUNGRO TOWN KIPHIRE NAGALAND 12:KIUKHANGBA((NAP) ZIMKUK VILLAGE R/O PUNGRO TOWN KIPHIRE NAGALAND ------------ Advocate for : TONGPOK PONGENER Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 11 ORS BEFORE HONBLE MR JUSTICE KARDAK ETE ORDER Date : 18.02.2025 Heard Mr. Tongpok Pongener, learned counsel for the petitioners. Also heard Mr. V. Zhimomi, learned State counsel for the respondent nos. 1 to 4 and Mr. Yangerwati, learned counsel for the respondent nos. 5 to 18. 2. These two writ petitions are filed by the petitioners assailing the judgment and order dated 13.10.2010 passed by the Court of Dobashis, Pungro, Nagaland, whereby the plots of land of the petitioners have been decided as part of the Community Reserve Land of the Pungro Village. The petitioners have also challenged the order dated 03.03.2012 issued by the Chairman and the Head GB of Pungro Village council whereby pursuant to the judgment and order dated 13.10.2010, it is ordered that the person(s) who had purchased the land as Field or Reserve will be provided certain area of the land for a residential site and that no person can claim back the amount or land from the seller on any condition. Page No.# 6/8 Further challenge is to the order dated 23.04.2021 passed by the head Dobashis Customary Court, Pungro whereby a direction has been issued to remove any construction out of the land allotted site within 15 (fifteen) days and the violation of the same by any individual or group within the area would entail stern action. 3. The contention of the petitioners, shorn of unnecessary details, essentially, is that the petitioners are the owners of certain plots of land within the area declared by the Dobashis Court as Community Reserve Land of Pungro Village. 4. Mr. T. Pongener, learned counsel for the petitioners contended that the decision by the Dobashis Court is on the basis of the complaint made by some persons without issuing notice to the petitioners and they were not made parties to the said proceedings. He submits that they were not being heard while passing the impugned judgement and order dated 13.10.2010 which violates the principle of natural justice. The petitioners being the owners of the land in the said area ought to have been heard before taking any decision by the Dobashis court. 5. Mr. Yangerwati, learned counsel for respondent nos. 5 to 18 submits that oral intimation was given to the petitioners but they refused to appear before the proceedings of the Dobashis Court, therefore, they have consciously waived their right of participation in the proceedings. 6. Mr. V. Zhimomi, learned State counsel submits that in view of the provision of Section 31 of the Rules for Administration of Justice and Police in Nagaland, 1937 and its amendment, an appeal lies before the Page No.# 7/8 Deputy Commissioner against the decision of the Dobashis Court. Therefore, the present writ petition would not be maintainable. 7. Having considered the submissions of the learned counsels for the parties and the relevant provisions of the Rules for the Administration of Justice and Police in Nagaland,1937, I am of the considered view that the present writ petitions would not be maintainable in view of the fact that against the decision of the Dobashis Court there is a remedy of appeal under the said rules. 8. Rule 23 A and Rule 31 of the Rules for Administration of Justice and Police in Nagaland, 1937 provides as under: “23A. The Dobhasis hence forward shall try and decide such civil cases only as may be referred to them by the Deputy Commissioner or Additional Deputy Commissioner or Assistant to the Deputy Commissioner, as the case may be.” 31. An appeal shall lie from the decisions of the mauzadar, gaonbura, chief, headman of a khel, dobhasis or other duly recognized village authorities to the tribal Court whenever constituted or otherwise to the Deputy Commissioner or his Assistant. A record shall be made of the matter in dispute and the decision of the village authorities. If necessary, the Court shall examine the parties, and, if the decision appears to be just, shall affirm and enforce it as one of its own. If the Court sees reason to doubt the justice of the decision, it will try the case de novo, or refer it to a Panchayat as above.” 9. Although, having viewed that the present writ petitions would not be maintainable, as agreed to by the learned counsel for the parties, without adverting to the merit of the case, in the interest of justice, it would be Page No.# 8/8 appropriate to relegate the petitioners to the appropriate forum to avail the statutory remedy under the law. 10. Accordingly, these two writ petitions are closed with a liberty to the petitioners to approach the appellate authority/court under Rule 31 of the Rules for the Administration of Justice and Police in Nagaland, within a period of 30(thirty) days from today. It is provided that since the petitioners were not party to the proceedings before the Dobashis Court, the petitioners would seek leave to file appeal. It is also provided that the petitioners may also file the appropriate application for stay of the judgment and order dated 13.10.2010, before the appellate authority/court. Needless to observe that the appellate authority/court will consider the appeal and the application in accordance with law. 11. Furthermore, it is provided that till the disposal of the application, in the event the petitioners file application for stay of the judgment and order dated 13.10.2010, the impugned judgment and order dated 13.10.2010 shall not be given effect to. 12. With the above directions, these two writ petitions stands disposed of. JUDGE Comparing Assistant