HC suspends latest orders issued by Pfutsero ADC & Phek Head Dobashi on 2 villages’ dispute

DIMAPUR, OCTOBER 10: The Kohima Bench of Gauhati High Court on Monday suspended the latest orders issued by the Additional Deputy Commissioner of Pfutsero and the District Head Dobashi of Phek respectively in connection with the ongoing dispute between Thetsumi Village and Chizama Village in Phek District.
In an interim order, Justice Kakheto Sema further ruled that all further proceedings in connection with the case will remain suspended till the next hearing. The writ petition was filed by Thetsumi Village Council (TVC).
“The case of the petitioner in brief is that Civil Suit No. 17(3)/88 between the petitioner’s village and the respondent No. 5 (Chizama Village Council) is pending disposal before the Court of learned Civil Judge, Senior Division, Kohima. During the pendency of the Civil Suit, the Additional Deputy Commissioner, Phek, by the Order dated July 15, 2022 had imposed a compensation of Rs 12,25,050 against the petitioner’s village.
“Being aggrieved, the petitioner’s village has approached this Court by filing WP(C) No. 154/2022, wherein this Court, by Order dated July 28, 2022 has kept the Order dated July 15, 2022 in abeyance. The Order dated July 28, 2022, passed by this Court has been communicated to the State respondents by the petitioner by the Letter dated July 29, 2022; however, in spite of receiving the Order passed by this Court, the District Head Dobashi, Deputy Commissioner’s Office, Phek, Nagaland, has issued the summon dated August 17, 2022 to both the petitioner’s village as well as the respondent No. 5 for appearance on August 30, 2022”, stated the order.
Following the summon order, TVC submitted a letter on August 27 to the Commissioner of Nagaland as well as the Deputy Commissioner of Phek requesting to issue appropriate instructions to the District Customary Court, Phek, to refrain from summoning them “and/or entertaining the land dispute” case filed by Chizama Village Council (CVC).
“However, in spite of the letter written by the petitioner’s village, the Deputy Commissioner, Phek, by his letter dated August 31, 2022 has directed the petitioner’s village to appear before the District Customary Court, Phek, for conduct and settlement of the case.
“Consequent to the letter written by the Deputy Commissioner of Phek, the District Head Dobashi, Deputy Commissioner’s Office, Phek, Nagaland, has issued the summon dated September 20, 2022 to both the petitioner’s village as well as the respondent No. 5 to appear before the District Customary Court on October 11, 2022”, it stated.
On Monday, A Zhimomi, the Counsel for the petitioner, submitted to the Court a letter dated August 3, 2022, written by the District Head Dobashi of Phek to the Deputy Commissioner of Phek, seeking approval of District Customary Court members “and which has been approved by the Office of the Deputy Commissioner, Phek by letter dated August 11”.
He also submitted that since the dispute between the two villages was “sub judiced in Civil Suit No. 7(3)/88 and the compensation imposed by the Additional Deputy Commissioner against the petitioner has been kept in abeyance by this Court”, neither the Deputy Commissioner of Phek, nor the District Head Dobashi/District Customary Court can issue the letter dated August 31 nor the summon order dated September 20.
Consequently, the Judge directed the Registry to issue notice to the respondents, returnable within four weeks.
“In the interim, the order No. ADC/PFRO/JUD-18/2020- 21/215 dated July 15, 2022, passed by the Additional Deputy Commissioner, Pfutsero, Phek, and the summon dated September 20, 2022 issued by the District Head Dobashi, Deputy Commissioner’s Office, Phek, Nagaland, in Misc/Civil/Case No. 101/2022 and all further proceedings in connection with the said case shall remain suspended till the next returnable date”, he ruled.
(Page News Service)