The State of Nagaland v. Vinoka Chishi and Ors

ORDER

05.11.2024 Heard Mr. K.N. Balgopal, learned Advocate General, State of Nagaland, assisted by Ms. M. Kechii, learned Additional Senior Government Advocate, for the petitioners. Mr. A. Das, learned counsel for the respondent No.14 and Mr. S. Dutta, learned Senior counsel for rest of the respondents. Mr. Balgopal, learned Advocate General for the State of Nagaland submits that he has the instruction to withdraw this petition, as by an administrative order dated

04.11.2024 and 03.10.2024, CRP No.2/2024 and CRP No.1/2024 have already been transferred to this Court and as such, this petition becomes infructuous and therefore, Mr. Balgopal has contended to permit him to withdraw this petition. However, Mr. Das and Mr. Dutta have raised objection on the ground that they have not been furnished with the copy of the administrative order of the Hon'ble Chief Justice by which the CRP No.1/2024 and CRP No.2/2024 were transferred and therefore, contended to direct the Registry to furnish a copy of the same to them. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record. It appears that in this transfer petition the petitioners have prayed for transferring the CRP No.1/2024 and CRP No.2/2024 from Kohima Bench to the Principal Seat of this Court. Further, it appears by an administrative order dated 03.10.2024 and 04.11.2024, Hon'ble the Chief Justice has already transferred both the CRP No.1/2024 and CRP No.2/2024 from the Kohima Bench to the Principal Seat of this Court. The above being the factual position, this transfer petition becomes infructuous and on such count, I find sufficient ground to permit Mr. Balgopal to withdraw this application. Being the dominus litis, he has every right to withdraw the petition on the ground of the Page No.# 3/3 same being infructuous and the objection of the respondents/opposite parties appears to be not at all sustainable. The administrative orders being placed on record by the Registry and available for inspection of the respondents, no direction is required to be made to furnish copy of the same. Accordingly, this petition stands disposed of on withdrawal. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/3 GAHC010218932024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oTr.P.(C)./92/2024o THEoSTATEoOFoNAGALANDo REP.oBYoASSTT.oLEGALoREMAMBRANCER,oDEPARTMENToOFoLAWoANDo JUSTICEo,oNAGALANDoKOHIMA 2:oTHEoCOMMISSIONERoTOoTHEoGOVT.oOFoNAGALAND oKOHIMAoNAGALAND 3:oTHEoDEPUTYoCOMMISSIONER oDIMAPURoNAGALAND 4:oTHEoREVENUEoOFFICER oDIMAPUR oNAGALAND 5:oTHEoLANDoRECORDoSURVEYoOFFICER oDIMAPUR oNAGALANo VERSUSo VINOKAoCHISHIoANDoORSo S/O-oVITOKHUoCHISI,o R/O-oVILLAGE-oKoKHEL,oDIPHUPHARoVILLAGE,oDIST-oDIMAPUR,o NAGALAND AdvocateoforotheoPetitionerooooo:oSRoGAoNAGALAND,o AdvocateoforotheoRespondento:oMSoSoMOCHAHARI,oMRoSISHIRoDUTTA,MSoKoBORAH,MR.oSo DUTTA,MRoSoDUTTAoo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN