Shri. Rimchan Marak and Anr v. Garo Hills Autonomous District Council and 6 Ors

JUDGMENT AND ORDER (ORAL)

¶1Heard Mr. P.T. Sangma, learned counsel appearing on behalf of the petitioners as well as Mr. S. Dey, learned Standing Counsel appearing on behalf of the respondents No. 1-3/GHADC and Mr. A.G. Momin, learned counsel appearing on behalf of the respondents No. 4, 6 & 7.

¶2Before the merits of this matter is to be looked into, the learned Standing Counsel appearing on behalf of the respondents No. 1-3/GHADC has fairly submitted that prima facie, the impugned order dated 17.08.2015 annexed as Annexure-8 to this petition as well as the impugned order dated

29.08.2016 annexed as Annexure-9 to this petition have been passed without any proper application of judicial mind and the same are liable to be set aside and quashed.

¶3However, as to the grievance of the parties concerned, the learned Standing Counsel has submitted that the abovementioned impugned orders may be set aside and quashed and the necessary parties may be directed to appear before the learned Executive Member, I/C Revenue, Garo Hills Autonomous District Council, West Garo Hills, Tura who will look into the dispute between the parties afresh. This submission has not been objected to by the learned counsel for the petitioners as well as the learned counsel for the respondents No. 4, 6 & 7 respectively.

¶4In view of the submission made, this Court is also in agreement that the merits of the dispute between the parties has to be agitated before the proper forum and the impugned orders mentioned above not being proper in the strictest judicial sense, the same are liable to be set aside and quashed.

¶5Accordingly, the said impugned order dated 17.08.2015 passed in GDC-Rev/Appeal No. 17 A.C of 2011 (Smti. Nichi M. Marak v. Smti. Nogan Marak) as well as the impugned order dated 29.08.2016 passed in Rev. No. A/C 17 of 2011 (Nogan Marak & Ors v. Smti. Nichi Marak & Ors) by the Court of the learned Chief Executive Member, Garo Hills Autonomous District Council, West Garo Hills, Tura are hereby set aside

and quashed.

¶6In view of the above, the parties are at liberty to approach the competent authority to agitate their grievances.

¶7It is also submitted that till the matter is decided by the competent authority i.e. the Executive Member, I/C Revenue, status quo is directed to be maintained by all concerned. It is also requested that the learned Executive Member, I/C Revenue dispose of the matter within a period of 6(six) months from the date of receipt of this order.

¶8With the above noted directions, WP(C) No. 403 of 2016 is accordingly disposed of.

¶9MC[WP(C)] No. 210 of 2016 also stands disposed of.

Judge Meghalaya

15.05.2023 "D. Nary, PS"

Serial No. 11 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 403 of 2016 with MC[WP(C)] No. 210 of 2016 Date of Decision: 15.05.2023 Shri. Rimchand Marak & Anr. Vs. G.H.A.D.C. & Ors. Coram: Hon'ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Mr. P.T. Sangma, Adv. For the Respondent(s) : Mr. S. Dey, Adv. for R 1-3. Mr. A.G. Momin, Adv. for R 4, 6 & 7. i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: