Jlen Sohtun and 2 Ors v. Khasi Hills Autonomous District Council and 4 Ors

JUDGMENT AND ORDER (ORAL)

¶1The writ petitioners who are Headmen of three Villages namely; Umblai, Mawphu and Laitlyndop of Sohra Syiemship are before this Court assailing the order dated 19.12.2023, passed by the Executive Committee, Khasi Hills Autonomous District Council (KHADC).

¶2The brief facts surrounding the case are with regard the boundary dispute raised by the respondent No. 4, against the Villages of the writ petitioners, wherein the matter had travelled before the respondent No. 5, who by the order dated 16.02.2022, apart from demarcating the boundaries had also passed other orders touching upon the land administration and jurisdiction. Thereafter, the petitioners against the said order, had approached the respondents Nos. 1, 2 & 3, whereby the impugned order dated 19.12.2023, had been passed.

¶3In the course of the proceedings and in view of the fact that the entire matter concerns the dispute between four Villages within the Sohra Syiemship as to their boundaries, the parties have agreed that the matter would be best served if the same is taken up by a duly constituted Tribunal under of the Khasi Hills Autonomous District (Administration of Elaka) Act, 1991.

¶4Accordingly, it is directed that the instant matter shall be referred to the Executive Committee, Khasi Hills Autonomous District Council, who shall then place the same before a duly constituted Tribunal for adjudication. It is further provided that once the matter has been referred, and the parties are put to notice thereof, they shall be allowed to file fresh representation/petition in support of their cases. The entire exercise shall be concluded preferably within a period of 3(three) months from the date the matter is referred.

¶5Needless to add, the impugned order shall stand set aside and quashed. Further, the parties are to maintain strict status quo, during pendency of the proceedings.

¶6The matter stands closed and is accordingly disposed of.

Chief Justice (Acting) Meghalaya

19.09.2024 "V. Lyndem-PS"

Date: 2024.09.19 17:34:35 IST

Serial No. 01 Supplementary List-1 HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 57 of 2024 Date of Decision: 19.09.2024 1. Shri Jlen Sohtun 2. Shri Bhoning Syiemlieh, 3. Shri Rontu Kharmawphlang, … Petitioner(s) - Versus - 1. The Khasi Hills Autonomous District Council, Represented by its Secretary, East Khasi Hills, Meghalaya. 2. Executive Committee Khasi Hills, Meghalaya East Khasi Hills District, Shillong. 3. Deputy Chief Executive Member I/c Elaka of Khasi Hills Autonomous District Council, Shillong. 4. Shri Hanbanjop Syiemlieh, S/o Shri H. Pariat, R/o Laitduh Village, Sohra Syiemship, East Khasi Hills District, Meghalaya 5. The Sohra Syiemship, Represented by it elected chief i.e. Shri Freeman Singh Syiem S/o Horen Dkhar O/o The Hima Sohra, Sohra Syiemship, East Khasi Hills District, Meghalaya-793108 … Respondent(s) Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Chief Justice (Acting) Appearance: For the Petitioner(s) : Mr. H.L.Shangreiso, Sr. Adv. with Ms. E. Wanniang, Adv. For the Respondent(s) : Mr. T.T. Diengdoh, Sr. Adv. with Mr. C.C.T. Sangma, Adv. (For R 1-3) Mrs. N.G. Shylla, Adv. (For R 4) Mr. S.P. Mahanta, Sr. Adv. with Ms. L.D.N. Thangkhiew, Adv. (For R 5) i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: