Petchira R. Marak and Anr v. State of Meghalaya and 16 Ors

Serial No.01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG

MC[WP(C)] No.32 of 2024 in WP(C) No. 239 of 2020

Date of Order: 14.03.2024 ____________________________________________________________

¶1Smti. Petchira R. Marak D/o (L) Rahen A. Sangma. Resident of Chibragre, P.O. Rongram, P.S. Tura, West Garo Hills District, Meghalaya.

2.Lt. Nujin R. Marak, Resident of Chibragre Akhingland, West Garo Hills District, Meghalaya.

Vs.

¶1State of Meghalaya represented by the Chief Secretary Government of Meghalaya Shillong.

¶2Commissioner and Secretary to the Government of Meghalaya Revenue and Disaster Management Department, Meghalaya, Shillong.

¶3Joint Secretary to the Government of Meghalaya Revenue and Disaster Management Department, Meghalaya, Shillong.

¶4Commissioner and Secretary Government of Meghalaya, Public Work Department (PWD) Meghalaya, Shillong.

¶5Executive Engineer P.W.D (Road) NH-cum Tura Central Division, Tura, West Garo Hills District, Meghalaya.

¶6Commissioner and Secretary to the Government Meghalaya, Forest and Environment Department Meghalaya, Shillong.

¶7Principal Chief Conservators of Forest and Environment Department, Government of Meghalaya, Meghalaya, Shillong.

¶8Divisional Forest Officer, Forest and Environment Department, Government of Meghalaya, West and South-West Garo Hills District (Territorial) (Division) Tura, Meghalaya.

¶9Commissioner and Secretary to the Government of Meghalaya, Agriculture Department, Meghalaya Shillong.

¶10Commissioner and Secretary to the Government of Meghalaya, Horticulture Department, Meghalaya Shillong.

¶11Commissioner and Secretary to the Government of Meghalaya, Fishery Department, Meghalaya, Shillong.

¶12Collector West Garo Hills District Tura, Meghalaya.

¶13Extra-Assistant Commissioner (Revenue), West Garo Hills District Tura, Meghalaya.

¶14Garo Hills Autonomous District Council represented by its Secretary (Revenue) Tura.

¶15Union of India represented by its Secretary, Ministry of Road Transport and Highways, New Delhi.

¶16National Highways and Infrastructure Development Corporation (NHIDCL), Represented by General Manager, 3rd Floor, House no 206 Law College Road Dhankheti near Springfield School, Meghalaya, Shillong.

¶17Meghalaya Institute of Governance (MIG), Lumpyngad Cottage, Bishop Cotton Road, Shillong – 1.

Coram: Hon'ble Mr. Justice B. Bhattacharjee, Judge

Appearance: For the Petitioner/Appellant(s) : Ms. P. Biswakarma, Adv. vice

Mr. H. L. Shangreiso, Sr. Adv.

For the Respondent(s)

: Mr. S. Sen, Sr.GA. with

Ms. Z. E. Nongkynrih, GA. (R: 1 – 13)

Ms. N. Rajee, Adv. (R: 14)

Mr. R. Debnath, CGC. (R: 15 &16)

Mr. K. Ch. Gautam, Adv. (R: 17)

ORAL:-

Heard learned counsels appearing for the parties.

This is an application for striking out the names of the applicants from the array of parties in W.P.(C) No. 239 of 2020 wherein applicants are writ petitioners No. 54 and 52 respectively.

This application has been preferred primarily on the ground that the applicants herein have already received the amount of compensation and do not have any further cause of action surviving in this matter.

Mr. S. Sen, learned Senior GA for the State-respondent submits that from the cause-title of this application, it appears that the petitioner No.2 has passed away and hence, no application is required to be filed for striking out her name.

The fact that the applicant No.2 has expired is not disputed by the learned counsel for the applicant and, in such a situation, on the prayer of the learned counsel for the applicant, the name of the applicant No.2 (writ petitioner No.52) is allowed to be struck off from the array of parties in W.P.(C) No. 239 of 2020. Insofar as the applicant No.1 (writ petitioner No.54) is concerned, since it is the stand of the party that she has received the compensation and would not like to press the writ petition, her name shall also stand struck off from the array of parties in W.P.(C) No. 239 of 2020.

Necessary correction may be made in the cause-title of the W.P(C) No. 239 of 2020 by the Registry.

With the above, this Misc. writ petition stands disposed of.

Judge

Meghalaya

14.03.2024 "Biswarup PS"