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SHRI C. NGOUBANGSOMBA v. THE STATE OF NAGALAND AND 53 ORS

Court: Gauhati High Court

Bench: HON'BLE MR. JUSTICE SOUMITRA SAIKIA,HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

Judgment date:

Case summary

Gauhati High Court judgment dated 2024-11-13. SHRI C. NGOUBANGSOMBA v. THE STATE OF NAGALAND AND 53 ORS. Read the judgment and case details on LawSphereX.

Judgment text

Page No. # 1/8 GAHC020001912024 2024:GAU-NL:586-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I. A. (Civil)/56/2024 SHRI C. NGOUBANGSOMBA S/O H. CHANGLEMBA CHANG GRADE II DB EAC OFFICE NGOUNGCHUNG TUENSANG NAGALAND VERSUS THE STATE OF NAGALAND AND 53 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GTOVT. OF NAGALAND Advocate for the Petitioner : MOA JAMIR, Advocate for the Respondent : GOVT ADV NL, Linked Case : WA/11/2024 SHRI C. NGOUBANGSOMBA S/O H. CHANGLEMBA CHANG GRADE II DB EAC OFFICE NGOUNGCHUNG TUENSANG NAGALAND VERSUS THE STATE OF NAGALAND AND 53 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA Page No.

# 2/8 2:THE COMMISSIONER NL KOHIMA 3:HE ASSISTANT COMMISSIONER O/O THE COMMISSIONER NAGALAND KOHIMA 4:THE DEPUTY COMMISSIONER TUENSANG NAGALAND 5:) THE SUB-DIVISIONAL OFFICER(C) TUENSANG NAGALAND 6:SADAR HEAD DOBASHI TUENSANG NAGALAND 7:SENIOR DOBASHI TUENSANG NAGALAND 8:EXTRA ASSISTANT COMMISSIONER LONGKHIM TUENSANG NAGALAND 9:HEAD DOBASHI LONGKHIM TUENSANG NAGALAND 10:SENIOR DOBASHI LONGKHIM TUENSANG NAGALAND 11:EXTRA ASSISTANT COMMISSIONER SHAMATOR SHAMATOR NAGALAND 12:HEAD DOBASHI SHAMATOR SHAMATOR NAGALAND 13:SENIOR DOBASHI SHAMATOR NAGALAND 14:EXTRA ASSISTANT COMMISSIONER NOKLAK NAGALAND Page No. # 3/8 15:HEAD DOBASHI NOKLAK NOKLAK NAGALAND 16:SENIOR DOBASHI NOKLAK NAGALAND 17:SHRI T. LONGSO KHIAMNIUNGAN S/O LATE THANGMING R/O TUESNSANG NAGALAND 18:M. BIRI CHANG S/O MATCHI CHANG R/O TAKNYU VILLAGE DB GRADE II POSTED AT EAC OFFICE CHINGMEI TUENSANG NAGALAND 19:T.

PUTSOI S/O TANGOSI R/O SANGLOI VILLAGE DB GRADE-II POSTED AT EAC OFFICE NOKHU NOKLAK TUENSANG NAGALAND 20:IMSUMANGYANG SANGTAM S/O RONGSENBA OF ALISOPUR VILLAGE DB GRADE -- POSTED AT ADC OFFICE LONGKHIM TUENSANG NAGALAND 21:A. THRIMHO YIMCHUNGER S/O M. ASOKHIUNG YIMCHUNGER OF LONGTOKER VILLAGE DB GRADE-II POSTED AT EAC OFFICE MANGKO SHAMATOR NAGALAND 22:SHRI. M LONGSHEM S/O MONGLOM OF CHOKLANGAN DB GRADE II POSTED AT EAC OFFICE NOKHU NOKLAK TUENSANG 23:M. MATBOU CHANG S/O NAMING OF CHINGMEI Page No. # 4/8 DB GRADE II POSTED AT EAC OFFICE NOKHU NOKLAK TUENSANG NAGALAND 24:SHRI. A HATHRONG YIMCHUNGER S/O M AHOSHE YIMCHUNGER OF KIUTSUKIUR VILLAGE DB GRADE II OFFICE OF EAC SOTOKUR SHAM ATOR NAGALAND 25:SHRI Y. SEKYUCHEM SANGTAM S/O YANGTSAE OF SANGSOMONG VILLAGE DB GRADE II POSTED AT ADC OFFICE LONGKHIM TUENSANG NAGALAND 26:SHRI T. TONGPANG CHANG S/O C. THUNGTI OF HAKCHANG VILLAGHE DB GRADE II POSTED AT EAC OFFICE SANGSANGNYU TUENSANG NAGALAND 27:K THONGTHONG S/O P.

KORAKMONG OF LENGKONGER VILLAGE DB GRADE II POSTED AT EAC OFFICE SOTOKUR SHAMATOR NAGALAND 28:SHRI PESING S/O KHUMONG OF PESHU VILLAGE DB GRADE II POSTED AT EAC OFFICE PANSO NOKLAK NAGALAND 29:SHRI Y. THSAJUNGLI SANGTAM S/O YIMYUMONG SANGTAM OF LONGKHIM VILLAGE DB GRADE II POSTED AT EAC ADC OFFICE LONGKHIM TUENSANG NAGALAND 30:SHRI N. CHINGMAK S/O Y. CHUBA OF BHUMPAK VILLAGE DB GRADE II POSTED AT EAC OFFICE CHINGMEI TUENSANG NAGALAND 31:SHRI NGAKUSOMBA S/O T. MONGBA OF TUENSANG VILLAGE GRADE II POSTED AT TUENSANG HEADQUARTER Page No.

# 5/8 TUENSANG NAGALAND 32:SHRI KIUKUM S/O MUZUNGCHIM OF SOTOKUR VILLAGE DB GRADE II POSTED EAC OFFICE MANGKO SHAMATOR NAGALAND 33:SHRI LONGSHAM S/O SEKO OF NOKHU VILLAGE DB GRADE II POSTED AT DC OFFICE NOKLAK NAGALAND 34:SHRI K CHINGMAK S/O KHONI OF YALI VILLAGE DB GRADE II POSTED AT TUENSANG HQ TUENSANG NAGALAND 35:SHRI M HAKU CHANG S/O METPONG OF KESHAI VILLAGE DB GRADE II POSTED AT SANGSANGNYU TUENSANG NAGALAND 36:SHRI MATHRI YIMCHUNGER DB GRADE II POSTED AT DC OFFICE SHAMATOR NAGALAND 37:SHRI N PEHEI DB GRADE II POSTED AT DC OFFICE NOKLAK NAGALAND 38:SHRI C. TOCHI CHANG DB GRADE II POSTED AT TUENSANG HQ TUENSANG NAGALAND 39:SHRI TALIMEREN SANGTAM DB GRADE II POSTED AT EAC OFFICE CHARE TUENSANG NAGALAND 40:SHRI C. KHUMONG DB GRADE IIPOSTED AT DC OFFICE NOKLAK NAGALAND 41:SHRI Y. IMTICHUBA CHANG DB GRADE II POSTED AT EAC OFFICE NGOUNGCHUNG TUENSANG NAGALAND 42:SHRI HOTONGKYI SANGTAM DB GRADE II POSTED AT EAC OFFICE CHARE TUENSANG NAGALAND Page No.

# 6/8 43:SHRI SHITOPONG YIMCHUNGER DB GRADE II POSTED AT EAC OFFICE SOTOKUR SHAMATOR NAGALAND 44:SHRI M. W. CHOLLEN CHANG DB GRADE II POSTED AT TUENSANG HQ TUENSANG NAGALAND 45:SHRI T. CHETTEI DB GRADE II POSTED AT TUENSANG HQ TUENSANG NAGALAND 46:SHRI KIUSUMONG DB GRADE II POSTED AT DC OFFICE SHAMATOR NAGALAND 47:SHRI B. SAYU CHANG DB GRADE II POSTED AT EAC OFFICE SANGSANGNYU TUENSANG NAGALAND 48:SHRI T. CHINGMAK DB GRADE II POSTED AT EAC OFFICE NGOUNGCHUNG TUENSANG NAGALAND 49:SHRI T. PALU KHIAM DB GRADE II POSTED AT EAC OFFICE NOKHU NOKLAK NAGALAND 50:SHRI M. SHAHOTO YIMCHUNGER DB GRADE II POSTED AT EAC OFFICE MANGKO SHAMATOR NAGALAND 51:SHRI I. Y. SOMBA CHANG DB GRADE II POSTED AT TUENSANG HQ TUENSANG NAGALAND 52:W. M. MULLONG CHANG DB GRADE II POSTED AT TUENSANG HQ TUENSANG NAGALAND 53:SHRI C CHUBA CHANG DB GRADE II POSTED AT TUENSANG HQ TUENSANG NAGALAND Page No.

# 7/8 54:SHRI KHINGKHASE SANGTAM DB GRADE II POSTED AT ADC OFFICE LONGKHIM TUENSANG NAGALAND ------------ Advocate for : MOA JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 53 ORS BEFORE HON'BLE MR. JUSTICE SOUMITRA SAIKIA HON'BLE MR. JUSTICE KAUSHIK GOSWAMI O R D E R 13. 11. 2024 (S. Saikia, J) Heard Mr. Moa Jamir, learned counsel for the applicant as well as Mr. Taka Kichu, learned counsel appearing for respondent No. 17 as well as Mr. Veto V. Zhimomi, learned Government Advocate appearing for the State respondents. The petitioner has appealed against the Judgment and Order dated 21. 09. 2023 passed in WP(C)/171/2018. While preferring the appeal there was a delay of 179 (one hundred and seventy-nine) days and accordingly the instant I. A. has been filed seeking condonation of delay. The notice in the matter was issued on 24. 04. 2024 and on 18. 09. 2024 the respondent Nos.

21, 22, 24, 26, 30, 31, 32, 34, 35, 43, 47 and 50 were directed to be served notice by dasti. In pursuance to this Order the applicant has served notice by way of dasti on the said respondents on 19. 09. 2024 and affidavit of compliance to that effect has been furnished before this Court which reflects the acknowledgement of Page No. # 8/8 the concerned respondents. However, none represents the respondents today when the matter is called up. We have perused the grounds urged for seeking condonation of delay. No objection has been filed by way of affidavit by the respondents. Taking into consideration the submissions of the learned counsel for the applicant together with the grounds urged in the I. A. we find that the explanation provided in the I. A. appears to be sufficient for us to take a view that the delay of 179 (one hundred and seventy-nine) days which had occurred while filing the accompanying appeal can be condoned.

Going through the grounds we do not find that the delay had occurred because of laches on the part of the appellant or is an attempt to resort to derelictory tactics to delay the implementation of the Order passed by the learned Single Judge in WP(C)/171/2018 and condone the delay of 179 (one hundred and seventy-nine) days that had occurred while filing the accompanying appeal. The I. A. is accordingly allowed and disposed of. Registry is directed to number the accompanying appeal and list before the Court on the next available Division Bench. JUDGE JUDGE Comparing Assistant

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