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2026 DAILYLAW 62 (GAU)

SHRI R. TEMJEN v. STATE OF NAGALAND AND ANR

I.A.(Civil)/1/2026 · 2026-01-18

Robin Phukan

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/11 GAHC020000012026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/1/2026 SHRI R. TEMJEN S/O LT. N. ALEMLA, R/O H.NO. 237, WALFORD ROAD, NORTHERN ANGAMI COLONY, DIMAPUR NAGALAND VERSUS STATE OF NAGALAND AND ANR REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND, KOHIMA 2:THE DEPUTY COMMISSIONER DIMAPUR NAGALAN Advocate for the Petitioner : T. B. JAMIR, Advocate for the Respondent : GOVT ADV NL, Linked Case : WP(C)/44/2025 SHRI KEZHAGWETUO PESEYIE S/O LT. NEIZHANYU R/O PHEZHU HILL JOTSOMA KOHIMA NAGALAND Page No.# 2/11 VERSUS THE STATE OF NAGALAND AND 8 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA 2:THE DEPUTY COMMISSIONER DIMAPUR NAGALAND 3:SMTI. VIRIZENO KHATE W/O LATE VIHULIE KHATE R/O H.NO. 14 LANE NO. 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND 4:SMTI VITHONGUNO KHATE DAUGHTER IN LAW OF LATE VIHULIE R/O HOUSE NO. 14 LANE NO. 16 B- KHEL KUDA VILLAGE DIMAPUR NAGALAND 5:SMTI. VISHURHONO KHATE GRAND DAUGHTER-IN-LAW OF LATE VILHULIE KHATE R/O H/NO/. 14 LANE 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND 6:SHRI VIPHITUO KHATE GRAND SON OF LAYE VIHULIE KHATE R/O H.NO. 14 LANE 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAN 7:SHRI NOUNESELHU KHATE GRAND SON OF LATE VIHULIE KHATE Page No.# 3/11 R/O H.NO.14 LANE 16 B KHEL KUDA VILLAGE DIMAPUR NAGALAND 8:SHRI SEYIEVITO KHATE GRAND SON OF LATE VIHULIE KHATE R/O H.NO. 14 LANE NO.16 BIKHEL KUDA VILLAGE DIMAPUR NAGALAND 9:KUDA RAZHA ANGAMI MIAFU KROTHO REPRESENTED BY ITS PRESIDENT MS. CUKA PESEYIE R/O A KHEL KUDA VILLAGE DIMAPUR NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 8 ORS Linked Case : WP(C)/43/2025 SHRI R. TEMJEN S/O LT. N. ALEMLA R/O H.NO. 237 WALFORD ROAD NORTHERN ANGAMI COLONY DIMAPUR NAGALAND VERSUS THE STATE OF NAGALAND AND ANR. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA 2:THE DEPUTY COMMISSIONER DIMAPUR NAGALAND Page No.# 4/11 ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND ANR. Linked Case : WP(C)/40/2025 SMTI. NEILE KOZA D/O KODOLHOU KOZA R/O WALFORD H.NO. 20/4 DIMAPUR NAGALAND VERSUS THE STATE OF NAGALAND AND 8 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA 2:THE DEPUTY COMMISSIONER DIMAPUR NAGALAND 3:SMTI. VIRIZENO KHATE W/O LATE VIHULIE KHATE R/O H.NO. 14 LANE NO. 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND 4:SMTI VITHONGUNO KHATE DAUGHTER IN LAW OF LATE VIHULIE R/O HOUSE NO. 14 LANE NO. 16 B- KHEL KUDA VILLAGE DIMAPUR NAGALAND Page No.# 5/11 5:SMTI. VISHURHONO KHATE GRAND DAUGHTER-IN-LAW OF LATE VILHULIE KHATE R/O H/NO/. 14 LANE 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND 6:SHRI VIPHITUO KHATE GRAND SON OF LAYE VIHULIE KHATE R/O H.NO. 14 LANE 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND 7:SHRI NOUNESELHU KHATE GRAND SON OF LATE VIHULIE KHATE R/O H.NO.14 LANE 16 B KHEL KUDA VILLAGE DIMAPUR NAGALAND 8:SHRI SEYIEVITO KHATE GRAND SON OF LATE VIHULIE KHATE R/O H.NO. 14 LANE NO.16 BIKHEL KUDA VILLAGE DIMAPUR NAGALAND 9:KUDA RAZHA ANGAMI MIAFU KROTHO REPRESENTED BY ITS PRESIDENT MS. CUKA PESEYIE R/O A KHEL KUDA VILLAGE DIMAPUR NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 8 ORS. Linked Case : WP(C)/41/2025 SHRI Z. RONGMEI Page No.# 6/11 S/O GAIKHAMLUNG PAMEI R/O NAGARJAN A SALESIAS COLLEGE ROAD DIMAPUR NAGALAND VERSUS THE STATE OF NAGALAND AND 8 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA 2:THE DEPUTY COMMISSIONER DIMAPUR NAGALAND 3:SMTI. VIRIZENO KHATE W/O LATE VIHULIE KHATE R/O H.NO. 14 LANE NO. 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND 4:SMTI VITHONGUNO KHATE DAUGHTER IN LAW OF LATE VIHULIE R/O HOUSE NO. 14 LANE NO. 16 B- KHEL KUDA VILLAGE DIMAPUR NAGALAND 5:SMTI. VISHURHONO KHATE GRAND DAUGHTER-IN-LAW OF LATE VILHULIE KHATE R/O H/NO/. 14 LANE 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND Page No.# 7/11 6:SHRI VIPHITUO KHATE GRAND SON OF LAYE VIHULIE KHATE R/O H.NO. 14 LANE 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND 7:SHRI NOUNESELHU KHATE GRAND SON OF LATE VIHULIE KHATE R/O H.NO.14 LANE 16 B KHEL KUDA VILLAGE DIMAPUR NAGALAND 8:SHRI SEYIEVITO KHATE GRAND SON OF LATE VIHULIE KHATE R/O H.NO. 14 LANE NO.16 BIKHEL KUDA VILLAGE DIMAPUR NAGALAND 9:KUDA RAZHA ANGAMI MIAFU KROTHO REPRESENTED BY ITS PRESIDENT MS. CUKA PESEYIE R/O A KHEL KUDA VILLAGE DIMAPUR NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 8 ORS. Linked Case : WP(C)/42/2025 WAKENYE SEB S/O LT. GWANSINLO SEB R/O PHENWENYU VILLAGE TSEMINYU NAGALAND VERSUS THE STATE OF NAGALAND AND 8 ORS Page No.# 8/11 REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA 2:THE DEPUTY COMMISSIONER DIMAPUR NAGALAND 3:SMTI. VIRIZENO KHATE W/O LATE VIHULIE KHATE R/O H.NO. 14 LANE NO. 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND 4:SMTI VITHONGUNO KHATE DAUGHTER IN LAW OF LATE VIHULIE R/O HOUSE NO. 14 LANE NO. 16 B- KHEL KUDA VILLAGE DIMAPUR NAGALAND 5:SMTI. VISHURHONO KHATE GRAND DAUGHTER-IN-LAW OF LATE VILHULIE KHATE R/O H/NO/. 14 LANE 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAN 6:SHRI VIPHITUO KHATE GRAND SON OF LAYE VIHULIE KHATE R/O H.NO. 14 LANE 16 B-KHEL KUDA VILLAGE DIMAPUR NAGALAND 7:SHRI NOUNESELHU KHATE GRAND SON OF LATE VIHULIE KHATE R/O H.NO.14 LANE 16 B KHEL Page No.# 9/11 KUDA VILLAGE DIMAPUR NAGALAND 8:SHRI SEYIEVITO KHATE GRAND SON OF LATE VIHULIE KHATE R/O H.NO. 14 LANE NO.16 BIKHEL KUDA VILLAGE DIMAPUR NAGALAND 9:KUDA RAZHA ANGAMI MIAFU KROTHO REPRESENTED BY ITS PRESIDENT MS. CUKA PESEYIE R/O A KHEL KUDA VILLAGE DIMAPUR NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 8 ORS BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R 19.01.2026 Heard Mr. I. Jamir, learned counsel for the applicant. Also heard Mr. L.T. Sangtam, learned Additional AG. 2. This interlocutory application is preferred by the applicant for impleadment of the plaintiffs in Declaratory Suit No. 6 of 2005 as well as Declaratory Suit No. 7 of 2005 as respondents in WP(C)/43/2025 directed by this Court vide Order dated 11.12.2025, passed in WP(C)/43/2025. 3. The learned counsel for the applicant submits that the Declaratory Suit No. 6 of 2005 was filed before the learned Civil Judge (Senior Page No.# 10/11 Division), Dimapur by one Shri Vilhulie Khate. During the pendency of the suit, said plaintiff expired leaving behind 6 (six) legal representatives namely: i. Smt. Virizeno Khate ii. Smt. Vithonguno Khate iii. Smt. Vishurhono Khate iv. Shri Viphituo Khate v. Shri Nouneselhu Khate vi. Shri Seyievito Khate, who are to be impleaded as respondents in the WP(C)/43/2025. The learned counsel also submits that Declaratory Suit No. 7 of 2005, was filed before the learned Civil Judge (Senior Division) Dimapur by Angami Women Farming Cooperative Society, Dimapur, Nagaland represented by its President. However, the petitioner has been informed that the nomenclature of “Angami Women Farming Cooperative Society, Dimapur, Nagaland” is now changed to “Kuda Razha Angamimiapfü” and Ms. Cüka Peseyie is the President of the said society. The learned counsel for the applicant further submits that he has given the above mentioned details of the plaintiffs in Declaratory Suit Nos. 6 and 7 of 2005, as mentioned in FA/1/2014, arising out of impugned judgment dated 10.03.2014, passed Page No.# 11/11 in Declaratory Suit Nos. 6 and 7 of 2005; and as such, the applicant may be permitted to place and rely upon a copy of FA/1/2014 at the time of hearing of the petitioner and also for impleading the plaintiffs in Declaratory Suit No. 6 of 2005, as respondents in WP(C)/43/2025. 4. The learned Additional AG submits that he has no objection in the event of allowing this interlocutory application. 5. Accordingly, taking into account the submissions of the learned counsels of both the parties, and also considering the facts and circumstances on record, this interlocutory application stands allowed. Smt. Virizeno Khate, Smt. Vithonguno Khate, Smt. Vishurhono Khate, Shri Viphituo Khate, Shri Nouneselhu Khate and Shri Seyievito Khate, be impleaded as respondent nos. 3, 4, 5, 6, 7 and 8 in WP(C)/43/2025 and plaintiff in Declaratory Suit No. 7 of 2005, Kuda Razha Angamimiapfü also be impleaded as respondent no. 9 in WP(C)/43/2025. 7. In terms of the above, I.A.(Civil)/2/2016 stands disposed of. JUDGE Comparing Assistant