Citation : 2022 Latest Caselaw 30 Meg
Judgement Date : 23 February, 2022
Serial No. 04
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 257 of 2020
Date of Decision: 23.02.2022
Village Dorbar Phlangjaud Vs. State of Meghalaya & Ors.
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. P. Yobin, Adv.
For the Respondent(s) : Mr. A.H. Kharwanlang, GA (For 1&2)
Mr. V.G.K. Kynta, Sr. Adv. with Ms. C. Nongkhlaw, Adv. (For R 3&4) Mr. C.C.T. Sangma, Adv.
vice Mr. T.T. Diengdoh, Sr. Adv. (For R 5&6)
i) Whether approved for reporting in Yes/No Law journals etc:
ii) Whether approved for publication Yes/No in press:
JUDGMENT AND ORDER (ORAL)
Matter taken up via Hybrid Mode.
1. Heard Mr. P. Yobin, learned counsel for the petitioner. Mr.
A.H. Kharwanlang, learned GA for the respondent No. 1 and 2, Mr. V.G.K.
Kynta, learned Senior counsel assisted by Ms. C. Nongkhlaw, learned
counsel for the respondent No. 3 and 4. Mr. C.C.T. Sangma, learned
counsel vice Mr. T.T. Diengdoh, learned Senior counsel for the respondent
No. 5 and 6.
2. The grievances of the petitioner's Dorbar is with regard the
amalgamation of the petitioner village with another village without
following the due process of law and customs as provided under Rule 6
(12) of the Maharam Syiemship (Administration) Rules, 2009.
3. Mr. P. Yobin, learned counsel for the petitioner submits that
against the impugned action of the Syiem, a representation had been
preferred before the respondent No. 3 and 4, on 01.03.2019, and the same
is yet to be disposed of, which has compelled the petitioner to approach
this Court. He further, submits that at this stage his limited prayer is only
for disposal of the representation by the Executive Committee, District
Council.
4. Mr. V.G.K. Kynta, learned Senior counsel assisted by Ms. C.
Nongkhlaw, learned counsel for the respondent No. 3 and 4, submits that
considering the limited prayer of the petitioner, the Executive Committee
may be directed to dispose of the representation which is at Annexure-XII
of the writ petition.
5. In consideration of the submissions made by the learned
counsel for the petitioner and the learned Senior counsel for the respondent
No. 3 and 4, this writ petition is disposed of with the directions to the
respondent No. 3 and 4 to dispose of the representation of the petitioner
within a period of 3(three) months from the date of receipt of the certified
copy of this order.
6. It is made clear that this Court had not gone into the merits of
the matter.
7. The instant writ petition is accordingly disposed of.
JUDGE
Meghalaya 23.02.2022 "V. Lyndem-PS"
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