Page No.# 1/5 GAHC020007992024 2025:GAU-NL:129 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : FAO/1/2024 SHRI ABEL SHOHE AND 2 ORS PROPRIETOR, M/S LPSS INFRA, ADDRESS-IG STADIUM ROAD, NEAR DIRECTORATE OF FISHERY, KOHIMA, NAGALAND-797001 2: SHRI HOITO ASSUMI CHAIRMAN PHILIMI VILLAGE COUNCIL ZUNHEBOTO DISTRICT NAGALAND 3: SHRI HOKUTO SHOHE CHAIRMAN KHRIMTOMI VILLAGE COUNCIL ZUNHEBOTO DISTRICT NAGALAN VERSUS LT.COL.DOSHEHE Y.SEMA (RETD) AND 4 ORS S/O YETAKHU SEMA, AGED ABOUT 64 YEARS, PERMANENT RESIDENT OF ROTOMI VILLAGE, ZUNHEBOTO, NAGALAND, PRESENTLY RESIDING AT H/NO.4. SEMA KHEL, NOTUN BOSTI, DIMAPUR, NAGALAND 2:SHRI KHEKUGHA S/O LT. NIGHOVI AGED ABOUT 41 YEARS PERMANENT RESIDENT OF PHILIMI VILLAGE PRESENTLY RESIDING AT H.NO.850 NEAR PUBLIC GROUND PADAMPUKHURI DIMAPUR Page No.# 2/5 NAGALAND 3:SHRI S. KAHOTO SEMA S/O LT.SUKHESHE AGED ABOUT 68 YEARS PERMANENT RESIDENT OF AKUHAITO H.S. COMP. ZUNHEBOTO NAGALAND PRESENTLY RESIDING AT THILIXU VILLAGE BLOCK-2 LANR-1 CHUMUKEDIMA NAGALAND 4:TO THE SECRETARY DEPARTMENT OF PWD (R AND B) GOVERNMENT OF NAGALAND ADDRESS-CIVIL SECRETARIAT KOHIMA NAGALAND-797001 5:TO THE ENGINEER IN CHIEF PWD (R AND B) GOVT. OF NAGALAND ADDRESS-NPWD COMPLEX TOP FLOOR KOHIMA-79700 Advocate for the Petitioner : JOSHUA SHEQI, NAGALI SHOHE,CHINGMEI KONYAK,MIKA H AYE,ATOKA,KEDI KOSO,K LILY SWU,P MHONBENI EZUNG,KETHO SEKHOSE,YEKA SUMI,KEVI KIRE,TUNATO YEPTHO,RUBICA KIHO,KIVITOLI SWU,R WONCHIBENI TSANGLO Advocate for the Respondent : A NIKATO WOTSA, Linked Case : C. REVN/15/2024 SHRI ABEL SHOHEAND 2 ORS PROPREITOR Page No.# 3/5 M/S LPSS INFRA ADDRESS- IG STADIUM ROAD NEAR DIRECTORATE OF FISHERY KOHIMA NAGALAND-797001 2: SHRI HOITO ASSUMI CHAIRMAN PHILIMI VILLAGE COUNCIL ZUNHEBOTO NAGALAND 3: SHRI HOKUTO SHOHE CHAIRMAN KHRIMTOMI VILLAGE COUNCIL ZUNHEBOTO DISTRICT NAGALAND VERSUS SHRI LT. COL. DOSHEHE Y. SEMA (RETD) AND 4 ORS S/O YETAKHU SEMA PERMANENT R/O ROTOMI VILLAGE ZUNHEBOTO NAGALAND PRESENTLY RESIDING AT H/NO. 4 SEMA KHEL. NOTUN BOSTI DIMAPUR NAGALAND 2:SHRI KHEKUGA S/O LATE NIGHOVI PERMANENT R/O PHILIMI PRESENTLY RESIDING AT H/NO. 850 NEAR PUBLIC GROUND PADAMPUKHURI DIMAPUR NAGALAND 3:SHRI S. KAHOTO SEMA S/O LT. SUKHEHE PERMANENT R/O AKUHAITO H.S. COMP. ZUNHEBOTO NAGALAND PRESENTLY RESIDING AT THILIXU VILLAGE BLOCK-2 LANE-1 CHUMUKEDIMA NAGALAND 4:THE SECRETARY PWD (R AND B) GOVT. OF NAGALAND CIVIL SECRETARIAT Page No.# 4/5 KOHIMA NAGALAND-797001 5:THE ENGINEER-IN-CHIEF PWD (R AND B) GOVT. OF NAGALAND NPWD COMPLEX TOP FLOOR KOHIMA NAGALAND-797001 ------------ For the Appellant/Petitioner(s) : Mr. Joshua Sheqi, Advocate For the Respondent(s) : Mr. A. Nikato Wotsa, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 07.04.2025 Mr. Joshua Sheqi, the learned counsel appearing on behalf of the appellants in FAO/1/2024 as well as the petitioners in C.REVN/15/2024 submitted that as the issue involved in the suit pertains to certain lands being required by the Village Council for the purpose of construction of the road which is for the betterment of the Public, endeavors shall be made to have a negotiation with the plaintiffs who are the respondents herein and as such would not like to press both the proceedings before this Court. 2. Taking into account the above, both the proceedings stands closed on withdrawal. 3. Interim orders passed earlier stands vacated. 4. In view of the withdrawal of both the proceedings and the vacation of the interim orders, the parties who are duly represented Page No.# 5/5 shall appear before the learned Trial Court on 02.05.2025 for further proceedings of Civil Suit No. 1/2024. 5. It is however, observed that the pendency of the suit shall not bar the parties to arrive at a negotiable settlement. 6. The records of Civil Suit No. 01/2024 be returned forthwith to the learned Trial Court ensuring that the records are available before the learned Trial Court on 02.05.2025 as fixed by this Court. JUDGE Comparing Assistant