Manjumani Baruah Tiwari v. The State of Meghalaya and 7 Ors

JUDGMENT AND ORDER (ORAL)

¶1This is an application for transfer of Title Suit No. 19 (T) of 2019 and the connected Miscellaneous Case No. 57 (T) of 2020, from the Court of Smti I.M. Mairom, Assistant to the Deputy

Commissioner, Shillong to the Court of Shri D.K. Mihsill, Assistant to the Deputy Commissioner, Shillong.

¶2Mr. S. Chakrawarty, learned Senior counsel assisted by Mr. E. Laloo, learned counsel for the petitioner has submitted that the transfer is sought on the ground that firstly, though the Suit has been instituted as far back as in 2019, the same has not progressed beyond the initial stage in view of the fact that an application under Order 7 Rule 11 of the CPC, for rejection of the plaint had been filed, which though heard, no order has been passed.

¶3The main submission of the learned Senior counsel however is that 2(two) other Suits on identical facts and circumstances, are pending before the Court of Shri D.K. Mihsill, Assistant to the Deputy Commissioner, Shillong, which are already at the evidence stage. He submits that for the ends of justice and for expeditious disposal of the Suit in question, considering that the other 2(two) Suits are identical, the matter be transferred to the Court of Shri D.K. Mihsill, Assistant to the Deputy Commissioner, Shillong.

¶4Ms. R. Colney, learned GA who has entered appearance on behalf of the respondents Nos. 1 to 7 and Mr. Philemon Nongbri, learned counsel for the respondent No. 8, have no objection to the

prayer made, as they submit that it will aid in the expeditious adjudication and disposal of the Suit.

¶5This Court has considered the submissions of the learned counsel for the parties and also examined the materials as placed. Without dwelling on the details or calling for the records, it is accordingly directed that the Title Suit No. 19 (T) of 2019 and the connected Miscellaneous Case No. 57 (T) of 2020, shall stand transferred from the Court of Smti I.M. Mairom, Assistant to the Deputy Commissioner, Shillong to the Court of Shri D.K. Mihsill, Assistant to the Deputy Commissioner, Shillong.

¶6The parties are put to notice to appear before the Court of Shri D.K. Mihsill, Assistant to the Deputy Commissioner, Shillong on 28.07.2025.

¶7The order is to be communicated today itself.

¶8As ordered above, the matter stands disposed of.

JUDGE

Meghalaya

10.07.2025 "V. Lyndem-PS"

Date: 2025.07.10 16:15:28 IST

Serial No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Tr. P. (C) No. 2 of 2025 Date of Decision: 10.07.2025 Smti Manjumani Baruah Tiwari, W/o Professor Brajesh Kumar Tiwari, R/o House No. 61, Ward No. 11, Plot No. 13, Short Round Road, Forest Colony, Shillong-793001, East Khasi Hills District, Meghalaya. … Petitioner(s) Versus 1. The State of Meghalaya through The Chief Secretary to the Government of Meghalaya, Meghalaya Civil Secretariat, Shillong East Khasi Hills District, Meghalaya 2. The Secretary to the Government of Meghalaya, Department of Revenue and Disaster Management, Meghalaya Civil Secretariat, Shillong East Khasi Hills District, Meghalaya 3. The Secretary to the Government of Meghalaya, Department of Environment and Forests, Meghalaya Civil Secretariat, Shillong East Khasi Hills District, Meghalaya 4. The Principal Chief Conservator of Forests, Government of Meghalaya, Sylvan House, Lower Lachumiere, Shillong, East Khasi Hills District, Meghalaya 5. The Divisional Forest Officer, East Khasi Hills and Ri-Bhoi (Territorial) Division, Environment, Sylvan House, Lower Lachumiere, Shillong, East Khasi Hills District, Meghalaya 6. The Range Forest Officer, Shillong North Range, East Khasi Hills and Ri-Bhoi (T) Division, Department of Forests and Environment, Sylvan House, Lower Lachumiere, Shillong, East Khasi Hills District, Meghalaya 7. The Deputy Commissioner (Revenue), For the East Khasi Hills District, Shillong, East Khasi Hills District, Meghalaya … Respondent(s) 8. The Chief Executive Officer, The Shillong Municipal Board, Bishop Cotton Road, European Ward, Shillong East Khasi Hills District, Meghalaya ...Proforma Respondent(s) Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner(s) : Mr. S. Chakrawarty, Sr. Adv. with Mr. E. Laloo, Adv. For the Respondent(s) : Ms. R. Colney, GA (For R 1-7) Mr. Philemon Nongbri, Adv. (For R 8) i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: