Kohima, September 17 (MExN): The Gauhati High Court, Kohima Bench has admitted an appeal concerning the authority of the Deputy Commissioner (DC), Kiphire to adjudicate a dispute relating to an Indigenous Inhabitant Certificate.
A Division Bench comprising Justice Devashis Baruah and Justice Helen Dawngliani, in an order dated September 16, admitted the appeal and listed the matter for final disposal on September 22.
The appeal challenges the judgment and order dated December 12, 2025, by which a Single Judge had dismissed a writ petition seeking interference with an order dated May 31, 2024, passed by the DC, Kiphire.
The Bench noted that the central question before the Single Judge and now before the Division Bench is whether the DC, Kiphire has the authority to adjudicate an issue concerning an Indigenous Inhabitant Certificate, or whether the principles laid down by the Supreme Court in Kumari Madhuri Patil and Another vs Additional Commissioner, Tribal Development and Others (1994) 6 SCC 241 could be applied.
The appellant’s counsel submitted that there was urgency as the appellant, in view of the DC’s May 31, 2024 order, was unable to avail various benefits provided under Article 342 read with Part XVI of the Constitution.
Taking note of the importance of the issue, the Bench admitted the appeal and directed that it be listed on September 22 for final disposal.
The case relates to an Indigenous Inhabitant Certificate issued by the DC, Kiphire in 2017, which subsequently became the subject of a dispute and proceedings before the authorities and courts.
The Nagaland Government’s current framework also provides for Indigenous Inhabitant Certificates to be issued by the Deputy Commissioner, following verification through the prescribed process
The matter relates to the validity of an Indigenous Inhabitant Certificate, with the Single Bench earlier upholding the finding that the certificate holder was not the biological daughter of the person recorded as her father and consequently declining to interfere with the DC’s order.
The Supreme Court in Kumari Madhuri Patil, among others, laid down a procedure for the issuance, scrutiny and verification of social-status certificates, providing for applications to the Revenue Sub-Divisional Officer/Deputy Collector or Deputy Commissioner and verification by a State-constituted Scrutiny Committee.
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