Smti. Rinolis Makhroh & Ors. vs . State Of Meghalaya & Ors.
2022 Latest Caselaw 615 Meg

Serial No. 34
Regular List
                             HIGH COURT OF MEGHALAYA
                                   AT SHILLONG

   WP(C) No. 175 of 2022                              Date of Order: 21.10.2022


   Smti. Rinolis Makhroh & Ors.           Vs.     State of Meghalaya & Ors.

   Coram:
                          Hon'ble Mr. Justice H. S. Thangkhiew, Judge


   Appearance:

   For the Petitioner/Appellant(s) : Ms. S.K. Nongrum, Adv.

   For the Respondent(s)             : Mr. N.D. Chullai, AAG with

Ms. R. Colney, GA(For R 1-6) Mr. K.S. Kharshiing, Adv. vice Mr. C.H. Mawlong, Adv. (For R 9 & 10)

i) Whether approved for reporting in Yes/No Law journals etc.:

   ii)        Whether approved for publication
              in press:                                      Yes/No

                         JUDGMENT AND ORDER (ORAL)

1. The instant writ application has been filed assailing the

Resolution of the Dorbar Shnong Mawtneng, Raij Bhoilasa, Mylliem

Syiemship, whereby it has been alleged that the petitioners have been

socially boycotted by the Dorbar and the Villages. The writ petitioners

have also prayed for restoration of their water supply, and also for

investigation and necessary action to be taken on the basis of the FIR

filed by them.

2. This Court, on taking up the matter on 13.05.2022, had issued

directions for institution of an enquiry into the happenings in the Dorbar

Shnong, Mawtneng. A copy of the order for the sake of convenience is

reproduced hereinbelow:

13.05.2022

1. The writ petitioners before this Court are residents of Mawtneng

Village, Syiemship, Ri-Bhoi District, Meghalaya and are stated to be

in possession of land and property known as "UMKALUN".

2. It appears that certain differences have arisen between

the petitioners and the village Dorbar, with regard to the land in

question, inasmuch as, the village Dorbar seeks to asserts its right

over the land by claiming it to be village land. It also appears that the

matter was brought before the respondent No. 7 (Syiem of Hima

Mylliem), who had affirmed the possession and ownership of the

petitioners over the said land. A Title Suit in this regard against the

said order of the respondent No. 7 is also pending being Title Suit No.

19 of 2020, before the Court of the Proceeding Officer Sub-ordinate

Council Court, Shillong.

3. In the midst of these proceedings, the Dorbar/Committee

of the said village have effected a social boycott (ostracization of the

petitioner), and this has also resulted in the petitioner being

deprived of water connection which is assured under the Jal Jeevan

Mission (JJM) Scheme. The factum of the ostracization is reported

in the newspaper article published in the Newspaper 'U Peitngor'

dated 08.03.2022, which has been annexed as Annexure-14 to the

writ petition.

4. Thereafter, it is apparent from the materials before the

Court, the petitioners had lodged an FIR with the Superintendent of

Police, Ri-Bhoi District on 08.03.2022, and also a formal complaint

before the Deputy Commissioner of Ri-Bhoi District. It is not know

as to what action has been taken on the FIR. On the said complaint,

the Deputy Commissioner had directed the Executive Engineer,

PHE Umsning Division, Umsning (respondent No. 3) to look into

the matter. As per the report of the respondent No. 3 dated

30.03.2022, it was stated that as the number of households which

needed water exceeded the number as granted under the scheme,

the writ petitioners were not given the said water connection.

However, the letter of the respondent Headman addressed to the

respondent No. 3 dated 08.03.2022 which has been annexed both in

Khasi and with a translated copy in English reflects that the

decision to deprive the water connection is because the petitioners

are under social boycott, apart from other reasons with regard to

the number of houses which were covered under the scheme. It is

strange, that the letter of the respondent No. 3 which was submitted

by the Deputy Commissioner is silent about this fact of social

boycott, which perhaps shows his connivance with the said village.

In this backdrop, though protestation has been made by Mr. N.D.

Chullai, learned AAG, this Court is constrained to direct as follows:

i) the Deputy Commissioner in this connection, is to institute an

enquiry into the events that has been happening in the Dorbar

Shnong, Mawtneng.

ii) If the matter concerning water is not corrected, the Executive

Engineer, PHE shall be held personally responsible.

iii) Superintendent of Police is to report as to what steps had been

taken on the FIR."

3. Thereafter, pursuant to the order dated 13.05.2022, affidavit has

been filed by the Executive Engineer, PHE (Respondent No. 3) indicating

that the water connection has been given to the writ petitioners and also a

status report was filed by the Superintendent of Police, Ri Bhoi District,

Nongpoh, with regard to the steps taken on the basis of the FIR filed by

the petitioners. On 20.06.2022, another report was also filed by the Deputy

Commissioner, which indicated that the District Authorities had visited

the said village and sought clarification from the headman on the issue.

4. Mr. N.D. Chullai, learned AAG assisted by Ms. R. Colney,

learned GA for the respondents No.1-6 makes a submission which is not

disputed by the learned counsel for the petitioner, Ms. S.K. Nongrum, that

things have since returned to normalcy. Mr. K.S. Kharshiing, learned

counsel on behalf of the respondents No. 9 and 10, has also submitted that,

there was no written resolution for social boycott and further submits that,

whatever that had transpired or happened, with regard to the social

boycott, no longer exists and that the Village Dorbar undertakes to not

issue such resolutions in future and that the Villages should live in

harmony.

5. Considering the situation as it pertains on the ground today in

the said village, with regard to the situation, nothing remains for

consideration. In the event, any other incident if such happens; the matter

will be dealt with sternly in accordance with law.

6. With the above noted observations, the writ petition stands

closed and disposed of.

Judge Meghalaya 21.10.2022 "D.Thabah-PS"