Civil Appeal No. 6022 of 2012. Case: Hill View Colony and Ors. Vs State of Nagaland and Ors.. Supreme Court (India)
| Case Number | Civil Appeal No. 6022 of 2012 |
| Judges | R.K. Agrawal and Abhay Manohar Sapre, JJ. |
| Issue | Civil Procedure Code |
| Judgement Date | April 21, 2017 |
| Court | Supreme Court (India) |
Judgment:
Abhay Manohar Sapre, J.
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This appeal is filed against the final judgment and order dated 05.08.2011 passed by the High Court of Gauhati, Kohima Bench in Writ Appeal (c) No. 23(K) of 2010 whereby the Division Bench of the High Court dismissed the writ appeal filed by the Appellants herein and affirmed the order dated 01.09.2010 of the Single Judge in W.P.(c) No. 117(K) of 2010.
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We need not burden the order by setting out the facts in detail except to the extent necessary to appreciate the short controversy involved in the appeal.
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Respondent No. 2 herein (Industrial Village Razhuphe, Dimapur) filed a writ petition against Respondent Nos. 1, 3, 4 and 5 in the High Court of Gauhati (Kohima Bench) and sought the following reliefs therein:
(a) directing the Dimapur Municipal Council, Dimapur, to cancel and/or reject the census record collected by its staff from the Industrial Village Razhuphe, Dimapur and
(b) direct the Respondents, in particular the Respondent No. 3, not to accept the census record submitted by the Dimapur Municipal Council, in so far as it relates to the census record collected from the industrial village Razhuphe.
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The Respondents to the writ petition (State of Nagaland and other agencies of the State) filed their counter affidavits and contested the writ petition on various grounds.
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The learned Single Judge of the High Court, by order dated 01.09.2010, in substance allowed the writ petition and issued a writ of certiorari and mandamus against the State and its agencies (Respondents therein) in relation to the subject matter of the writ petition. The eventual direction issued by the writ Court reads as under:
In the facts situation, the Extra Assistant Commissioner (Gen.) Charge Officer of the Census, Respondent No. 3 herein is directed to cancel the Census records collected by the staff of the DMC, Dimapur with a further direction to conduct Census in the Petitioner village through official enumerators appointed by him.
With the above directions, Writ Petition stands disposed of.
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Appellant Nos. 1 to 4 herein, who were not parties to the writ petition and they having come to know of the aforesaid order of the writ Court, felt aggrieved of the eventual writs issued by the writ Court sought leave to file appeal before the Division Bench and challenged the legality and the correctness of the order of the writ Court. The leave was granted and accordingly the Appellants filed writ appeal.
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The Division...
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