Baldwistar Syiemiong v. Collector, South West Khasi Hills and 2 Ors

Serial No. 07 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG MC[WP(C)] No. 135 of 2024 In WP(C) No. 153 of 2023

Date of Order: 14.08.2024

¶1Shri. Baldwistar Syiemiong S/o (L) Noliroi Lyngdoh R/o Mawphansaw Village, Langrin Syiemship, South West Khasi Hills District, Meghalaya

¶2Shri. Bictor Syiemiong S/o (L) Shri. S. Shiji R/o Kensohsan, Langrin Syiemship, South West Khasi Hills District, Meghalaya

¶3Shri. Synsharbor Nongphlang R/o Mawthungmlang Village, P.O. Nongstoin, B.P.O Phlangdiloin, South West Khasi Hills District, Meghalaya. ::::: Petitioners -Vs-

¶1Collector, South West Khasi Hills, Mawkyrwat, Meghalaya.

¶2Durbar of Hima Langrin Syiemship Represented by its Chief namely Shri. N.S. Syiemiong, South West Khasi Hills District, Meghalaya.

¶3Management Board Law Lyngngam Tilla & Pyndentanglieh represented by its Chairman who is also the Chief of Hima Langrin Syiemship namely Shri. N.S. Syiemiong, South West Khasi Hills District, Meghalaya. ::::: Respondents Coram: Hon'ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Ms. C.B. Sawian, Adv. vice Mr. K.Ch. Gautam, Adv. For the Respondent(s) : Ms. R. Colney, GA. for R 1. Mr. S. Jindal, Adv. with Ms. B. Jyrwa, Adv. for R 3. None for R 2.

i) Whether approved for reporting in Law journals etc.:

ii) Whether approved for publication in press: ORAL:

¶1Heard Ms. C.B. Sawian, learned counsel for the petitioner, who has submitted that the application for striking off the respondent No. 2 and for impleadment of the proper and necessary party has been filed before this Court namely, Shri. Bryllyen Henry Syiemiong, who is said to be representing the Dorbar of Hima Langrin Syiemship.

¶2However, in course of hearing, the learned counsel would submit that the respondent No. 2, per se, is the Dorbar of Hima Langrin Syiemship, and will be represented by the Chief in that capacity, irrespective of a particular individual. This being the case, since at the time of filing of the writ petition, the respondent No. 2 was represented by Shri. N.S. Syiemiong, however, in due course, that is, in the month of August, 2023, he was since suspended as the Chief of the Dorbar of Hima Langrin Syiemship, and in his place, Shri. Bryllyen Henry Syiemiong has been placed as the Acting Chief. It is therefore the prayer of the learned counsel that the name of Shri. N.S. Syiemiong be struck off from these proceedings as far as the respondent No. 2 is concerned, and his name will be replaced by that of Shri. Bryllyen Henry Syiemiong.

¶3Ms. R. Colney, learned GA appearing for the State respondent No. 1/Collector, South West Khasi Hills, Mawkyrwat, Meghalaya and Mr. S. Jindal, learned counsel appearing for the respondent No. 3/Management Board Law Lyngngam Tilla & Pyndentanglieh represented by its Chairman who is also the Chief of Hima Langrin Syiemship namely Shri. N.S. Syiemiong, South West Khasi Hills District, Meghalaya has no objection to the prayer made, and, has in fact submitted that the respondent No. 2 as a whole may not be struck off from these proceedings, but that the petitioner may be directed to make the necessary corrections in the petition itself. For simplification of the matter, the Court would agree to the submission made. Accordingly, the petitioner is directed to make the necessary corrections in the petition itself.

¶4Registry to facilitate the same.

¶5Accordingly, this Misc. Case is disposed of and the respondent No. 2 will remain in the corrected version.

Judge Powered by TCPDF (www.tcpdf.org) Date: 2024.08.16 16:20:28 IST