Mithun Dey and 26 Others v. Khasi Hills Autonomous District Council and 3 Others

JUDGMENT AND ORDER (ORAL)

¶1These two instant writ petitions being similar in nature are being disposed of by this common judgment and order.

¶2The grievances of the writ petitioners are that though they have applied for trading license under the United Khasi Jaintia Hills Autonomous District (Trading by Non-Tribals) Regulation, 1954, the same has not been granted for the reason that they have not obtained NOC from the authority concerned, in this case, the Syiem of Mylliem.

¶3It has been submitted by Mr. H.L.Shangreiso, learned Sr. counsel assisted by Mr. T.Dkhar, learned counsel for the petitioners, that the writ petitioners were operating their businesses under the landlord who had assured them that necessary permissions and licenses would be facilitated by her to enable them to operate their businesses. He further submits that under this belief, their businesses had continued and the writ petitioners on earlier occasions had thus not applied for trading licenses.

¶4On a query from the Court as to whether the District Council exercises jurisdiction over the area in question, as it has been stated at the

bar to be under the Municipality, the learned Sr. counsel for the petitioners had drawn the attention of the Court to a judgment and order dated 10-07-2014, passed in WP(C). No. 211 of 2014, with regard to the same property in question herein where this Court had directed that the petitioner who was the landlady, was at liberty to rent out her shops in her premises to non-tribal tenants, after complying with the requirements under the Khasi Hills District (Trading by Non-Tribals) Regulation, 1954.

¶5It is further submitted by the learned Sr. counsel that the writ petitioners had approached the proforma respondent No. 4 for grant of the NOC, but for reasons unknown, the same was not granted. He therefore, prays that the writ petitioners be allowed to apply afresh before the proforma respondent No. 4, and to submit the same to the District Council for grant of trading licenses under the United Khasi Jaintia Hills Autonomous District (Trading by Non-Tribals) Regulation, 1954.

¶6Mr. V.G.K.Kynta, learned Sr. counsel assisted by Ms. C.Nongkhlaw, learned counsel for the respondent Nos. 1-3, has submitted that the writ petitioners had all along been operating without a valid license issued by the competent authority i.e., the District Council, and their applications were not processed due to the fact that they had not obtained NOC from the proforma respondent No. 4, who is the traditional head who exercises control over these areas. He however fairly submits that once the

NOCs are obtained, there will be no hindrance to process the applications of the writ petitioners in accordance with law.

¶7Mr. L.Khyriem, learned counsel for the respondent No. 4 submits that if the Court orders that fresh applications be made, the respondent No. 4 shall consider the same for grant of NOC expeditiously.

¶8On the concern raised by the learned Sr. counsel for the petitioners as to the exorbitant fees being charged for NOC, Mr. L.Khyriem, learned counsel for the respondent No. 4 submits that he has no knowledge about the fees charged, but however, he will intimate the same to the concerned respondents for consideration.

¶9Having heard the learned counsel for the parties, it is seen that from the judgment and order dated 10-07-2014, passed in WP(C). No. 211 of 2014, the building in question and the non-tribal shop-keepers operating their businesses are required to obtain proper trading licenses under the United Khasi Jaintia Hills Autonomous District (Trading by Non-Tribals) Regulation, 1954. The order not ever having been appealed, has settled the question with regard to this requirement.

¶10As such, shorn of other details, the only directions necessary for disposal of the present writ petitions are as follows:

(i) The writ petitioners in both the writ petitions numbering 28 in numbers, shall file applications for grant of NOC from the proforma respondent No. 4 within six weeks from today.

(ii) The proforma respondent No. 4 (Syiem of Mylliem) on receipt of these applications, shall thereafter dispose of the same within a period of eight weeks.

(iii) After disposal of the applications, the writ petitioners will then approach the respondent Nos. 1-3 for processing of their applications. The applications shall then be processed by the respondent No. 1-3 in accordance with law and be disposed of as expeditiously as possible thereafter.

¶11With the above directions, the writ petitions accordingly stands disposed of. Needless to add, till the entire process is finally over before the District Council, status quo as on today shall be maintained.

Judge Meghalaya

12.04.2024 "Samantha PS"

Serial No.25 & 26 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 315 of 2023 Date of Decision :12.04.2024 Shri. Ajit Paul, S/o. Shri. Umesh Chandra Paul, Resident of Barapathar, East-A, Shillong, East Khasi Hills District, …Petitioner -Vs- 1. The Khasi Hills Autonomous District Council, Represented by its Secretary, Executive Committee, 2. Executive Member, I/c. Trade etc., Khasi Hills Autonomous District Council, East Khasi Hills District, 3. Licensing Officer, I/c. Trade etc., Khasi Hills Autonomous District Council, Shillong, East Khasi Hills District, 4. Syiem of Mylliem, Mylliem Syiemship, Mawkhar, East Khasi Hills District, …Respondents AND WP(C). No. 318 of 2023 1. Shri. Mithun Dey, Son of Shri Pati Dey, Resident of Upper Jail Road, 2. Shri Samir Kuri, Son of (L) Rishikesh Kuri, Resident of Lower Mawprem, 3. Shri Prasanta Kumar Paul, Son of Shri. S.K.Paul , Resident of Upper Jail Road, 4. Shri. Rupon Paul, Son of Shri. Amendra Paul, Resident of Mawbah, 5. Shri. Abdul Latif Ashrafi, Son of Mawlana A. Aziz, Resident of Umsohsun, 6. Shri Jhantu Chandra Dey, Son of (L) Govindo Dey, Resident of Laban, 7. Shri. Gopal Paul, Son of Shri. Brajendra Paul, Resident of Mawbah, 8. Shri. Sayed Tarique Ali, Son of Sayed Amanullah, Resident of Mawbah, 9. Shri. Chandra Kuri, Son of Shri. Nipesh Kuri, Resident of Mawbah, 10. Shri. Rahul Kumar Shah, Son of Shri. Pradeep Kr Shah, Resident of Barapathar, 11. Shri. Sujit Dhar, Son of (L) Nani Gopal Dhar, Resident of Upper Jail Road, 12. Shri. Ashikul Hasan, Son of (L) Saukat Ali, Resident of Jhalupara, 13. Shri. Sanju Kuri, Son of (L) R.R.Kuri, Resident of Mawbah, Shillong, East Khasi Hills District, Meghalaya. 14. Shri. Sanjeet Kuri, Son of (L) Hrishikesh Kuri, Resident of Lower Mawprem, 15. Shri. Manoj Paul, Son of Shri Babul Paul, Resident of Forest Colony, 16. Shri. Bimal Kuri, Son of Shri Bibash Kuri, Resident of Lumsohphoh, 17. Shri. Anuj Paul, Son of Shri Anil Paul, Resident of Bishop Falls, Mawprem, 18. Shri. Bishu Ghosh, Son of Shri Jithendra Ghosh, Resident of Upper Jail Road, 19. Shri. Rajesh Paul, Son of Shri Kaushik Paul, Resident of Laban, 20. Shri. Prajesh Paul, Son of (L) Chittraranjan Paul, Resident of Upper Mawprem, 21. Shri. Manoj Deb, Son of (L) Bijon Deb, Resident of Upper Mawprem, 22. Shri. Nawal Mahto, Son of Shri Sundar Mahto, Resident of Harijan Colony, 23. Shri. Kalam Uddin Barbhuiya, Son of Shri A. Barbhuiya, Resident of Lower Jail Road, 24. Shri. Ranu Deb, Son of Shri. Boroda Deb, Resident of Umsohsun, 25. Shri. Dulon Modak, Son of Shri Shushanka Modak, Resident of Mawbah, 26. Smti. Moni Das, Daughter of Boroda Deb, Resident of Mawbah, 27. Shri. Sukdeb Debnath, Son of Shri. B.K.Debnab, Resident of Madan iing Syiem Mylliem, East Khasi Hills District. …Petitioners. -Vs- 1. The Khasi Hills Autonomous District Council, Represented by its Secretary, Executive Committee, 2. Executive Member, I/c. Trade etc., Khasi Hills Autonomous District Council, Shillong, East Khasi Hills District, 3. Licensing Officer, I/c. Trade etc., Khasi Hills Autonomous District Council, Shillong, East Khasi Hills District, …Respondents 4. Syiem of Mylliem, Mylliem Syiemship, Mawkhar, East Khasi Hills District, …Pro-Forma Respondent Coram: Hon'ble Mr. Justice H.S.Thangkhiew, Judge. Appearance: For the Petitioner/Appellant(s) : Mr. H.L.Shangreiso, Sr. Adv. with Mr. T.Dkhar, Adv. For the Respondent(s) : Mr.V.G.K.Kynta, Sr. Adv. with Ms. C.Nongkhlaw, Adv. for R 1-3. Mr. L.Khyriem, Adv. with Mr. W.Jyrwa, Adv. for R 4. i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: