The High Court
Case Details
THE HIGH COURT OF MEGHALAYA AT SHILLONG. W.P.(C) No. 442/2010 ::::::: Petitioner Shri Kyrshan Sohlang, S/o Late P. Kharsohnoh R/o Mawreng Mihngi, Mylliem Syiemship, East Khasi Hills District, Meghalaya -Vrs 1. The Chief Executive Member Khasi Hills Autonomous District Council, Shillong 2. The Executive Member In- Charge Elaka Administration, Etc, Khasi Hills Autonomous District Council, Shillong 3. The Deputy Secretary to the Executive Committee Khasi Hills Autonomous District Council, Shillong 4. The Syiem Hima Mylliem, Mylliem Syiemship, Mawkhar, Shillong, East Khasi Hills District
Legal Reasoning
5. Shri Ainsingh War, S/o Shri H. Sohlang, R/o B.P.O. Mawreng, via Mawphlang, Mylliem Syiemship, East Khasi Hills District, Meghalaya ::::::: Respondents BEFORE THE HON’BLE MR JUSTICE SR SEN For the Petitioner For the Respondents : : Mr. H. Nongkhlaw, Adv Mr. H.S. Thangkhiew, Mr. G.S. Massar & Mr. V.G.K. Kynta, Advs Date of hearing Date of Judgment & Order : : 15.11.2013 15.11.2013 W.P.(C) No. 442 of 2010 Page 1 of 6 JUDGMENT AND ORDER(ORAL) instant petition The is directed against an DC.XXVII/Genl/107/2010/2 dated 4th November, 2010. Impugned letter No. 2. The petitioner’s case in a nutshell is that: “The Village Mawreng Mihngi has been separated from its parent village, Mawreng, by the Respondents in the year 1999. The Petitioner has also been appointed as the Headman of the Mawreng Mihngi Village and a Sanad was issued to him by the Respondent No. 4. The Village Mawreng Mihngi, under the administration of the Petitioner has been running very smoothly and all the residents of the village are happy and there is no complaint whatsoever from any quarter within the village. That many developmental schemes have been sanctioned to the village from the Government of Meghalaya as well as the Central Government the NREGS Scheme. The residents of the village have been issued with several certificates, such as birth certificates, residential certificates and documents, etc bearing the name of their village as Mawreng Mihngi. in sanctioning That suddenly without affording any opportunity of being heard the Respondents have issued the impugned order No. DC.XXVII/Genl/107/2010/2 dated 4th November, 2010 De-recognizing/doing away with the village administration and Mawreng Mihngi village as a whole. That being aggrieved by the illegal issuance of the said impugned order the Petitioner and Co-villagers have submitted representations to the Respondents with a prayer to vacate/cancel the impugned order but to no avail. That great loss and harassment would be caused to all the residents of Mawreng Mihngi village if the impugned order is not vacated/quashed by this Hon’ble Gauhati High Court. Hence this Writ Petition”. 3 The learned counsel, Mr. H. Nongkhlaw appearing for and on behalf of the petitioner submits that the village Mawreng-Mihngi was originally apart and partial of the village called ‘Mawreng’, and subsequently, came out from Mawreng and established a separate village in due course of time, and living peacefully and functioning smoothly till 1999. To the utter surprise of the petitioner, a letter was issued by the Deputy Secretary to the Executive Committee, Khasi Hills Autonomous District Council, Shillong on 04.11.2010 W.P.(C) No. 442 of 2010 Page 2 of 6 addressed to the Syiem Hima Mylliem, Mylliem Syiemship seeking approval to de-recognize/do away with the Mawreng-Mihngi village and to re-consider as one village called ‘Mawreng’. 6. Being aggrieved by the said letter referred above, petitioner approached this court with a prayer to quash the Impugned letter referred above. 7. On the other hand, learned Sr. counsel, Mr. G.S. Massar appearing for and on behalf of the respondent No. 5 argued that the village called Mawreng- Mihngi was not functioning to the satisfaction of the villagers residing there, as a result created confusion and chaos in the village. As a result, a letter was addressed to the Chief/Syiem of Mylliem Syiemship who, in turn constituted a committee and a notice was issued both to the petitioner as well as the respondent No. 5 which is at Annexure-B and after inspection, the inspection committee submitted their report which is Annexure-C. The learned counsel also contended that Annexure-A, B, C as referred above was never challenged by the petitioner, besides that there was no averment made in the petition. Hence, the petition may be dismissed. 8. The learned Sr. counsel, Mr. H.S. Thangkhiew present in the court for the respondent No. 4 submits that he endorsed the submission advanced by the learned Sr. counsel, Mr. V.G.K. Kynta present in the court who submits that the petitioner has wrongly approach this court; he should approach Khasi Hills Autonomous District Council (Administration of Elaka Act, 1991). 9. After hearing the submissions advanced by the learned counsel, and on perusal of the Annexure-7 placed by the petitioner’s counsel, it appears that it is not an order, but a letter with a request for approval of de-recognized of Mawreng-Mihngi village, and considering the same as apart and partial of Mawreng village. 10. On further perusal of Annexure-A annexed with counter-Affidavit dated 05.03.2010, it appears that a letter was addressed by the headman of Mawreng that, there was problem and hardship and that, the Chief should straighten out this matter so that the administration of the village can proceed smoothly in a proper manner. 11. Further perusal of Annexure-B, I find a notice dated 19.03.2010 addressed to the petitioner as well as the respondent No. 5 about the proposed W.P.(C) No. 442 of 2010 Page 3 of 6 meeting to straighten out the matter as complaint vide Annexure-A letter dated 05.03.2010 by the headman of Mawreng, and decided to re-assemble on 29.03.2010 at 11.00 AM. From the record, it appears that after inspection by the committee, they have submitted a report to the Syiem and his Durbar, Mylliem Syiemship, Mawkhar, Shillong on 22.04.2010 which is quoted as follows: “To, The Syiem and his Durbar, Mylliem Syiemship, Mawkhar, Shillong Dated: Shillong, the 22nd April, 2010. Subject: Report on the local inspection/inquiry conducted with regards to the problems faced in smooth running of the administration of Mawreng village. Chief/Syiem, As per the directions in your letter No. MS/V-30/99- 2010/4319-26 dated 19.03.2010, we the undersigned, that is the Deputy Syiem and his Myntris (Kharsati, Lyngdoh Nongbet, Langstieh and Sohlang) had attended the meeting of the village Durbar at Mawreng on the 29.03.2010 to witness with our own eyes and to hear with our own ears on the truth of the complaint lodged by the Headman and Secretary of Mawreng village dated 09.03.2010. In our inquiry we had witnessed at the Durbar that there were about 400 members who had attended the meeting which included all the male members of the village. At this Durbar there had been a debate and deliberation between the Headmen, Secretaries and from many male members of the village from both the sides on the pros and cons which had emerged by the creation of another village within the village called as ‘Mawreng-Mihngi’ which had no distinctive/clear boundaries/territories. At this debate, 350 out of the 400 members had opposed to the emergence of Mawreng-Mihngi village, which had brought many problems with regards to the administration of the village in the past few years. Only a few members that is about 50 out of the 400 members present had voted to stay on the existence of Mawreng-Mihngi village even when till date it has no proper boundary/territory. In our observation we understand that in the past while appointing the Headman of the Mawreng-Mihngi there was no foresight on the part of the Durbar that there would later arise various problems with regards to the administration of the village as can be clearly seen now. Therefore, in order to undo any problems with regard to the administration of the village for the time being there is no need for recognition of the village of Mawrerng-Mihngi which has no boundaries/territory until that time when they can distinctly show the specific the village shall be boundaries/territory within which administered. As it stands now, the village of Mawreng-Mihngi seems to be built/created in the air”. W.P.(C) No. 442 of 2010 Page 4 of 6 12. On bare perusal of the said report, it appears that, there were lots of confusion and chaos about the creation of Mawreng-Mihngi village, and as far the version of the report, the so called village ‘Mawreng-Mihngi’ has been created in the air. 13. On further perusal of the petition, I do not find any averment has been made by the petitioner to challenge the validity of the report, nor given any cogent reason that report is biased or otherwise though, in rejoinder it is stated as agreed that if there is further inspection but in my considered view, unless and until if there is averment challenging the validity of the inspection, this court has very limited scope to interfere with the matter. 14. On perusal of Section 3 of the Khasi Hills Autonomous District Council (Administration of Elaka Act, 1991) which provides: “Formation of new villages and alteration of areas. Boundaries or names of existing villages:- The Chief and his Durbar with the approval of the Executive Committee may, if the majority of the people of the village or villages so desire, by public notification:- (i) form a new village by separation of territory from any village or villages or by uniting two or more villages or part of villages or by uniting any territory to a part of any village. (ii) (iii) (iv) (v) increase the area of any village. diminish the area of any village. alter the boundaries of any village. alter the name of any village”. 15. Therefore, I find that the petitioner had alternative remedy to approach, and should not come with a writ petition. Hence, for the reasons discussed above, I am unable to consider the instant writ petition. Hence, this
Decision
instant petition is dismissed and stands disposed of. JUDGE D. Nary W.P.(C) No. 442 of 2010 Page 5 of 6 W.P.(C) No. 442 of 2010 Page 6 of 6