Page No.# 1/3 GAHC020008372026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/267/2026 MHAINAMTSI VILLAGE DISTRICT - PEREN, THROUGH ITS VILLAGE COUNCIL REPRESENTED BY ITS CHAIRMAN, MR. KEKUHUNGBE VERSUS MR. PUSHITO AYEMI AND 7 ORS S/O MR. VIYIHO AYEMI, R/O PUSHITO VILLAGE CHUMOUKIDIMA, NAGALAND 2:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA. TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI- 110001 3:THE STATE OF NAGALAND PRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 4:THE PRINCIPAL SECRETARY/ COMMISSIONER AND SECRETARY/ SECRETARY DEPT. OF WORKS AND HOUSING GOVT. OF NAGALAND 5:THE ENGINEER-IN-CHIEF DEPT. OF WORKS AND HOUSING GOVT. OF NAGALAND 6:THE CHIEF ENGINEER PWD (NH) GOVT. OF NAGALAND 7:THE NHIDCL REPRESETED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR Page No.# 2/3 PTI BUILDING 4-PARLIAMENT STREET NEW DELHI 110001 8:THE EXECUTIVE DIRECTOR NHIDCL (P) R.O PWD REST HOUSE PWD COLONY KOHIMA NAGALAN Advocate for the Petitioner : NOCKLEI M KONYAK, Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR HONBLE MR JUSTICE NCHUMBEMO MOZHUI ORDER Date : 30.09.2026 (Nchumbemo Mozhui) Heard Mr. Nockei M Konyak, learned counsel for the applicant. Also heard Mr. A. Zhimomi, learned counsel for the petitioner/opposite party/respondent No. 1 as well as Mr. L.T Sangtam, learned Addl. Advocate General appearing for the State respondents and Mr. Moa Jamir, learned counsel opposite party/respondent No. 6 & 7. The present application has been filed seeking a direction for deletion of name of applicant as a party respondent in the instant PIL. In an earlier occasion, the applicant has prayed for impleadment as a necessary party respondent in PIL and by order dated 24.02.2025, the applicant was allowed to be impleaded as a party respondent in the PIL. However, by the instant application, the applicant has filed an Page No.# 3/3 application seeking a direction for deletion as a party respondent on the ground that the earlier Chairman of the Village Council has filed the impleadment application to be a party respondent without the consent of the parent village i.e. Lamhai Village, and in terms of the customary practices, it is submitted by the learned counsel for the applicant that without such permission, no decision can be initiated by the applicant village. At this juncture, it is submitted by the learned counsel for the applicant that the previous Chairman tenure has now completed as Chairman of applicant village and he is now been replaced by a new incumbent present Chairman and the new chairman has taken over. Since, no consent of the parent village was taken as per customary practices, no decision can be initiated by the applicant village, and as such prayed for deletion of the name. Mr. A. Zhimomi, learned counsel for the petitioner, as well as the learned Addl. Advocate General has no objection to that prayer as well as the other opposite party/respondents. The instant application is allowed. The applicant village is deleted as a party respondent from the PIL No. 1 of 2024. Sd//- Sd/- JUDGE JUDGE Comparing Assistant