SHRI SHOMWANG N @ SHOMWANG WANGHAM v. THE STATE OF NAGALAND AND 4 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE BUDI HABUNG
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-07-23. SHRI SHOMWANG N @ SHOMWANG WANGHAM v. THE STATE OF NAGALAND AND 4 ORS. Read the judgment and case details on...
Judgment text
Page No. # 1/6 GAHC020000122017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I. A. (Civil)/68/2024 SHRI SHOMWANG N @ SHOMWANG WANGHAM S/O NOKZAM WANGHAM CHIEF ANGH JABOKA VILLAGE MON NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF NLD HOME DEPARTMENT NAGALAND KOHIMA 3:THE DEPUTY COMMISSIONER MON NAGALAND 4:THE ADDITIONAL DEPUTY COMMISSIONER TIZIT MON NAGALAND 5:SHRI L. NOKMAN KONYAK S/O LATE WANGSHU KONYAK R/O TIZIT TOWN MON NAGALAND ------------ Advocate for : SENTIYANGER Page No. # 2/6 Advocate for : appearing for THE STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/58/2017 L. NOKMAN KONYAK S/O LT.
WANGSHU KONYAK,R/O TIZIT TOWN,MON VERSUS STATE OF NAGALAND AND 5 ORS KOHIMA 2:COMMISSIONER AND SECRETARY HOME N/L KOHIMA 3:DEPUTY COMMISSIONER MON NAGALAND MON 4:ADDITIONAL DEPUTY COMMISSIONER TIZIT MON 5:HEAD DOBASHI TIZIT MON 6:THE MONYIN UNION TIZIT TOWN MON MAGALAND REPRESENTED BY ITS PRESIDENT MR. WANGYIE KONYA Advocate for the Petitioner : SUPU JAMIR Advocate for the Respondent : GOVT ADV NL Linked Case : COP(C)/23/2022 Page No. # 3/6 SHRI. L NOKMAN KONYAK S/O LATE WANGSHU KONYAK R/O TIZIT TOWN MON NAGALAND VERSUS SHRI. PAKON PHOM NCS AND 2 ORS THE ADDITIONAL DEPUTY COMMISSIONER TIZIT NAGALAND 2:SHRI. P. WANGYIE KONYAK PRESIDENT MONYIN UNION TIZIT TOWN MON NAGALAND 3:SHRI KEYIRANGDING HEGUI NCS ADDL. DEPUTY COMMISSIONER AND ADMINISTRATOR TIZIT TOWN COUNCIL MON NAGALAND ------------ Advocate for : TONGPOK PONGENER Advocate for : appearing for SHRI. PAKON PHOM NCS AND 2 ORS Linked Case : WP(C)/88/2022 SHRI. L.
NOKMAN WANGSHU S/O LATE WANGSHU KONYAK R/O TIZIT TOWN DISTRICT - MON NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND KOHIMA Page No. # 4/6 2:THE HOME COMMISSIONER NAGALAND KOHIMA 3:THE DEPUTY COMMISSIONER MON NAGALAND 4:THE ADDITIONAL DEPUTY COMMISSIONER TIZIT MON NAGALAND ------------ Advocate for : TONGPOK PONGENER Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 3 ORS Linked Case : WP(C)/207/2016 L. NOKMAN KONYAK S/O LT. WANGSHU KONYAK R/O TIZIT TOWN MON VERSUS STATE OF NAGALAND AND 4 ORS KOHIMA 2:COMMISSIONER AND SECREATARY HOME N/L KOHIMA 3:DEPUTY COMMISSIONER MON NAGALAND MON 4:ADDITIONAL DEPUTY COMMISSIONER TIZIT 5:HEAD DOBASHI TIZIT TIZIT MON ------------ Advocate for : SUPU JAMIR Page No. # 5/6 Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 4 ORS BEFORE HON'BLE MR. JUSTICE BUDI HABUNG ORDER 23. 07. 2024 Heard Mr. Sentiyanger, learned counsel for the applicant. Also heard Mr. N.
Angami, learned Senior Government Advocate for the State respondents and Mr. Tongpok Pongener, learned counsel for the respondent No. 5. This is an application under Order I Rule 10(2) of the Code of Civil Procedure, 1908 for impleadment of the applicant in the present writ petition. The learned counsel for the applicant submits that the applicant’s father, the then Chief Angh of Jaboka Village had, in 1968 donated a land to the Government of Nagaland in public development interest measuring an area of about 1200 acres for urbanizing Tizit area, Mon district, Nagaland, by introducing development and modernization works. However, the land has not been given for further giving it out to third party private individuals for agricultural or horticultural or private development works. Therefore, the applicant’s interest is directly affected in the instant case as title over his land given for public development works to the Government is now being disputed by private individuals.
The learned counsel for the applicant further submits that the applicant will suffer irreparable damage and travesty of justice shall occur if the applicant is not impleaded and allowed to place his case. Page No. # 6/6 The learned counsel for the petitioner filed objection to the said impleadment, however, considering that the applicant can also be given an opportunity to place his side of case, if any, the petitioner has no objection to the impleadment of the applicant as respondent party in the present writ petition with the condition that the applicant file his affidavit within a period of 2 (two) weeks as the matter has already been delayed for a long period. The learned counsel for the applicant has acceded to the said prayed made by the learned counsel for the respondent/writ petitioner and stated that he will have the affidavit filed within 2 (two) weeks from today. In view of the above, this I. A. is allowed, as a result, the applicant be impleaded as respondent No. 5.
Sd/- JUDGE Comparing Assistant
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