Shri. Ajit Paul vs The Khasi Hills Autonomous District ...
2024 Latest Caselaw 202 Meg

High Court of Meghalaya

Shri. Ajit Paul vs The Khasi Hills Autonomous District ... on 12 April, 2024

Author: H.S.Thangkhiew

Bench: H.S.Thangkhiew

 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,
Meghalaya.

                                                           ...Petitioner
             -Vs-

1.    The Khasi Hills Autonomous District Council,
      Represented by its Secretary,
      Executive Committee,
      Shillong, East Khasi Hills District,
      Meghalaya.

2.    Executive Member, I/c. Trade etc.,
      Khasi Hills Autonomous District Council,
      East Khasi Hills District,
      Meghalaya.

3.    Licensing Officer, I/c. Trade etc.,
      Khasi Hills Autonomous District Council, Shillong,
      East Khasi Hills District,
      Meghalaya.

4.    Syiem of Mylliem, Mylliem Syiemship,
      Mawkhar, East Khasi Hills District,
      Meghalaya.

                                                       ...Respondents



                                   1
                                AND

WP(C). No. 318 of 2023

1.   Shri. Mithun Dey,
     Son of Shri Pati Dey,
     Resident of Upper Jail Road,
     Shillong, East Khasi Hills District,
     Meghalaya.

2.   Shri Samir Kuri,
     Son of (L) Rishikesh Kuri,
     Resident of Lower Mawprem,
     Shillong, East Khasi Hills District,
     Meghalaya.

3.   Shri Prasanta Kumar Paul,
     Son of Shri. S.K.Paul ,
     Resident of Upper Jail Road,
     Shillong, East Khasi Hills District,
     Meghalaya.


4.   Shri. Rupon Paul,
     Son of Shri. Amendra Paul,
     Resident of Mawbah,
     Shillong, East Khasi Hills District,
     Meghalaya.


5.   Shri. Abdul Latif Ashrafi,
     Son of Mawlana A. Aziz,
     Resident of Umsohsun,
     Shillong, East Khasi Hills District,
     Meghalaya.

6.   Shri Jhantu Chandra Dey,
     Son of (L) Govindo Dey,
     Resident of Laban,
     Shillong, East Khasi Hills District,
     Meghalaya.

                                    2
 7.    Shri. Gopal Paul,
      Son of Shri. Brajendra Paul,
      Resident of Mawbah,
      Shillong, East Khasi Hills District,
      Meghalaya.


8.    Shri. Sayed Tarique Ali,
      Son of Sayed Amanullah,
      Resident of Mawbah,
      Shillong, East Khasi Hills District,
      Meghalaya.

9.    Shri. Chandra Kuri,
      Son of Shri. Nipesh Kuri,
      Resident of Mawbah,
      Shillong, East Khasi Hills District,
      Meghalaya.

10.   Shri. Rahul Kumar Shah,
      Son of Shri. Pradeep Kr Shah,
      Resident of Barapathar,
      Shillong, East Khasi Hills District,
      Meghalaya.

11.   Shri. Sujit Dhar,
      Son of (L) Nani Gopal Dhar,
      Resident of Upper Jail Road,
      Shillong, East Khasi Hills District,
      Meghalaya.

12.   Shri. Ashikul Hasan,
      Son of (L) Saukat Ali,
      Resident of Jhalupara,
      Shillong, East Khasi Hills District,
      Meghalaya.

13.   Shri. Sanju Kuri,
      Son of (L) R.R.Kuri,
      Resident of Mawbah,
      Shillong, East Khasi Hills District, Meghalaya.

                                     3
 14.   Shri. Sanjeet Kuri,
      Son of (L) Hrishikesh Kuri,
      Resident of Lower Mawprem,
      Shillong, East Khasi Hills District,
      Meghalaya.

15.   Shri. Manoj Paul,
      Son of Shri Babul Paul,
      Resident of Forest Colony,
      Shillong, East Khasi Hills District,
      Meghalaya.

16.   Shri. Bimal Kuri,
      Son of Shri Bibash Kuri,
      Resident of Lumsohphoh,
      Shillong, East Khasi Hills District,
      Meghalaya.

17.   Shri. Anuj Paul,
      Son of Shri Anil Paul,
      Resident of Bishop Falls, Mawprem,
      Shillong, East Khasi Hills District,
      Meghalaya.

18.   Shri. Bishu Ghosh,
      Son of Shri Jithendra Ghosh,
      Resident of Upper Jail Road,
      Shillong, East Khasi Hills District,
      Meghalaya.

19.   Shri. Rajesh Paul,
      Son of Shri Kaushik Paul,
      Resident of Laban,
      Shillong, East Khasi Hills District,
      Meghalaya.

20.   Shri. Prajesh Paul,
      Son of (L) Chittraranjan Paul,
      Resident of Upper Mawprem,
      Shillong, East Khasi Hills District,
      Meghalaya.


                                     4
 21.   Shri. Manoj Deb,
      Son of (L) Bijon Deb,
      Resident of Upper Mawprem,
      Shillong, East Khasi Hills District,
      Meghalaya.

22.   Shri. Nawal Mahto,
      Son of Shri Sundar Mahto,
      Resident of Harijan Colony,
      Shillong, East Khasi Hills District,
      Meghalaya.

23.   Shri. Kalam Uddin Barbhuiya,
      Son of Shri A. Barbhuiya,
      Resident of Lower Jail Road,
      Shillong, East Khasi Hills District,
      Meghalaya.

24.   Shri. Ranu Deb,
      Son of Shri. Boroda Deb,
      Resident of Umsohsun,
      Shillong, East Khasi Hills District,
      Meghalaya.

25.   Shri. Dulon Modak,
      Son of Shri Shushanka Modak,
      Resident of Mawbah,
      Shillong, East Khasi Hills District,
      Meghalaya.

26.   Smti. Moni Das,
      Daughter of Boroda Deb,
      Resident of Mawbah,
      Shillong, East Khasi Hills District,
      Meghalaya.

27.   Shri. Sukdeb Debnath,
      Son of Shri. B.K.Debnab,
      Resident of Madan iing Syiem Mylliem,
      East Khasi Hills District.

                                              ...Petitioners.

                                     5
                    -Vs-


1.    The Khasi Hills Autonomous District Council,
      Represented by its Secretary,
      Executive Committee,
      Shillong, East Khasi Hills District,
      Meghalaya.

2.    Executive Member, I/c. Trade etc.,
      Khasi Hills Autonomous District Council, Shillong,
      East Khasi Hills District,
      Meghalaya.

3.    Licensing Officer, I/c. Trade etc.,
      Khasi Hills Autonomous District Council, Shillong,
      East Khasi Hills District,
      Meghalaya.

                                                          ...Respondents
4.    Syiem of Mylliem, Mylliem Syiemship,
      Mawkhar, East Khasi Hills District,
      Meghalaya.

                                                 ...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.



                                    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)

1. These two instant writ petitions being similar in nature are being

disposed of by this common judgment and order.

2. The 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.

3. It 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.

4. On 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.

5. It 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.

6. Mr. 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.

7. Mr. 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.

8. On 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.

9. Having 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.

10. As 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.

11. With 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"