John Khriesaneihu and 5 Ors v. The State of Nagaland and 3 Ors

ORDER

09.04.2024

Heard the learned counsel for the parties. The present application is filed for correction of an typographical error at paragraph 3(VI) and 15 of the Judgment and Order (CAV) dated 08.04.2022 in WP(C)/86/2018. In the paragraph No. 3(VI) of the said Judgment and Order

(CAV) dated 08.04.2022, the following sentence at line 4 was written: "(of Mr. Kaikho Mao, the father of the present petitioners)" However, the words "the father of the present petitioners has inadvertently been added and the said Mr. Kaikho Mao is not the father of the petitioners. In the paragraph 15 of the said Judgment and Order (CAV) dated 08.04.2022, the following sentence was written: "In the case in hand, admittedly the notice was issued to the father of the petitioners and the father of the petitioners was not the patta holder" However, the sentence ought have been written as "In the case in hand, admittedly the notice was issued to Shri Chaimainkho Mao and the father of the petitioners was not the patta holder". Page No.# 5/6 Perused the materials and also read the judgment and order

(CAV) passed by this Court in WP(C)/86/2018 under its order dated

08.04.2022. The challenge made to the writ petition was an order dated

22.01.2014 whereby the order of allotment of land in favour of the predecessor in interest of the petitioners was cancelled and further challenge was eviction order. This Court under its order dated 08.04.2022 passed in judgment and order (CAV) passed by this Court in WP(C)/86/2018 interfered with such decision. Perusal of the record clarifies that the errors are primarily typographical error. The learned counsel for the respondent has also submitted that such typographical error may be corrected. Accordingly, the present application stands allowed and it is provided that the line at paragraph No. 3(VI) be read as " Thereafter, the Superintendent Engineer, (PWD(H) submitted a report. The map annexed to the said report shows that the quarter No. 58 is bounded in north by quarter No. 59, in south by one private quarter of Mr. Kaikho Mao, in West by another private quarter and East by private quarter. Thereafter the Chief Engineer, PWD(H) by its communication dated 05.06.2009 addressed to the Commissioner & Secretary, W&H Department submitted the report". And first part of paragraph 15 be read as "In the case in hand, admittedly the notice was issued to Shri Chaimainkho Page No.# 6/6 Mao and the father of the petitioners was not the patta holder". With the aforesaid, the I.A. stands allowed. This order should be read along with the Judgment and Order

(CAV) dated 08.04.2022 in WP(C)/86/2018.

Sd/-

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC020001632024 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kI.A.(Civil)/47/2024 JOHN2KHRIESANEIHU2AND252ORS S/O2S.D.2RUPREO2 R/O2NEW2MINISTERS2HILLS2 KOHIMA2TOWN,2NAGALAND2797001 2:2S.D2RUPREO 2AGED2ABOUT2782YEARS 2HUSBAND2OF2LATE2KEREIU2RUPREO 2R/O2NEW2MINISTERS2HILL 2KOHIMA2TOWN 2NAGALAND2-2797001 3:2VIZOVONUO2RUPREO 2AGED2ABOUT2422YEARS D/O2S.D2RUPREO 2R/O2NEW2MINISTERS2HILL 2KOHIMA2TOWN 2NAGALAND2-2797001 4:2KEDUOVITUO2RUPREO 2AGED2ABOUT2382YEARS 2S/O2S.D2RUPREO R/O2NEW2MINISTERS2HILL 2KOHIMA2TOWN 2NAGALAND2-2797001 5:2MHASILENUO2RUPREO 2AGED2ABOUT2362YEARS 2W/O2KETHOYAPIE2PHIZO 2R/O2MISSION2COMPOUND 2NEAR2URA2ACADEMY Page No.# 2/6 KOHIMA TOWN NAGALAND - 797001 6: NEILAKUOLIE AGED ABOUT 35 YEARS S/O S.D RUPREO R/O NEW MINISTERS HILL KOHIMA TOWN NAGALAND - 79700 VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE SECRETARY, DEPARTMENT OF LAND REVENUE, GOVERNMENT OF NAGALAND, KOHIMA. 2:THE COMMISSIONER GOVERNMENT OF NAGALAND KOHIMA 3:THE DEPUTY COMMISSIONER KOHIMA DISTRICT GOVERNMENT OF NAGALAND 4:KIPFELIE TERHASE RESIDING NEAR ASSEMBLY OF GOD SCHOOL HOSPITAL COLONY KOHIMA TOWN KOHIMA DISTRICT NAGALAN Advocate for the Petitioner : R. IRALU, SR. ADV Advocate for the Respondent : GOVT ADV NL Linked Case : WP(C)/86/2018 JOHN KHRIESANEIHU AND 5 ORS NEW MINISTERS HILL KOHIMA Page No.# 3/6 2: S.D. RUPREO NEW MINISTERS HILL KOHIMA 3: VIZOVONUO RUPREO NEW MINISTERS HILL KOHIMA 4: KEDUOVITUO RUPREO NEW MINISTERS HILL KOHIMA 5: MHASILENUO RUPREO MISSION COMPOUND URA ACADEMY 6: NEILAKUOLIE NEW MINISTERS HILL KOHIMA VERSUS THE STATE OF NAGALAND AND 3 ORS. KOHIMA 2:THE COMMISSIONER N/L KOHIMA N/L 3:THE DEPUTY COMMISSIONER KOHIMA KOHIMA N/L 4:KIPFELIE TERHASE RESIDENT NEAR ASSEMBLY OF GOD SCHOOL HOSPITAL COLONY KOHIMA N/L ------------ Advocate for : R. IRALU SR. ADV Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 3 ORS. Page No.# 4/6 BEFORE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY