Fasterwell Thangkhiew v. The Khasi Hills Autonomous District Council and 3 Ors

JUDGMENT AND ORDER (ORAL)

¶1These matters being on the same subject matter are being disposed by this common Judgment & Order.

¶2The petitioners herein had been settled for collection of entry of goods into the Scheduled area in various locations, for the financial year 2025-26. These writ petitions had been filed in view of the fact that the District Council respondent had revoked and recalled the order of

settlement in the month of April, 2025, without any grounds being ascribed.

¶3In the course of the proceedings, it is seen that the District Council has ceased collection on some Revenue stations and with regard to the other Revenue stations, the same are being operated Departmentally.

¶4As the concerned lease period i.e. 2025-26 is coming to a close, the learned counsel for the petitioners at this stage submit that apart from the other grievances that still remain, wherein reliefs may be sought under private law, as far as these petitions are concerned, they pray that they may be permitted to take part in any future tender process, if undertaken by the District Council for settlement of the leases, for these Revenue stations.

¶5Mr. T.T. Diengdoh, learned Senior counsel assisted by Mr. J.K. Pariat, learned counsel for the District Counsel respondent has submitted that the cause for recall or revocation of the leases, was due to the manner in which the same was settled, and also the date on which they were issued, which was a day before the Model Code of Conduct came into force before the last District Council elections. However, he submits, he is not averse to the prayers of the writ petitioners that in the event the

Revenue stations are to be auctioned, they be allowed to participate in the same, if eligible as per the conditions that are to be prescribed.

¶6This Court on hearing the learned counsel for the parties noting that the leases are soon to expire, without further going into the merits of the matter, or deciding the competing claims of the parties, disposes of these writ petitions with directions that in the event that tender notices are issued for settlement/lease of the Revenue stations, the petitioners shall be allowed to participate in the same, subject to their fulfilling of the conditions, as prescribed in the tender notice.

¶7As ordered above, these writ petitions stand closed and are accordingly disposed of. JUDGE

Meghalaya

02.03.2026 "V. Lyndem-PS"

Date: 2026.03.02 19:35:07 IST

Serial No. 37, 38 & 39 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 153 of 2025 with WP(C) No. 164 of 2025 WP(C) No. 174 of 2025 Date of Decision: 02.03.2026 Shri Fasterwell Thangkhiew, S/o Shri B. Mylliemngap, Aged about 46 years R/o Mawlai Nongkwar, East Khasi Hills District, Meghalaya … Petitioner(s) Versus 1. The Khasi Hills Autonomous District Council, Shillong. 2. The Executive Committee, Shillong. 3. The Secretary to the Executive Committee, Shillong 4. The Under Secretary to the Executive Committee, Shillong …. Respondent(s) Shri Kynsai Majaw, S/o (L) James Nongtraw, Aged about 38 years, R/o Tamulkushi, Byrni-Hat, Ri-Bhoi District, Meghalaya … Petitioner(s) Versus 1. The Khasi Hills Autonomous District Council, Shillong. 2. The Executive Committee, Shillong. 3. The Secretary to the Executive Committee, Shillong 4. The Under Secretary to the Executive Committee, Shillong 5. Shri Banpynlang Syiemlieh, R/o Nongpoh, Ri-Bhoi District, Meghalaya …. Respondent(s) Shri Rockial Syiemlieh, S/o (L) Thwossing Snaitang, R/o Mawlangwir Village, South West Khasi Hills District Meghalaya … Petitioner(s) Versus 1. The Khasi Hills Autonomous District Council, Shillong. Represented by its Secretary 2. The Executive Committee, Shillong. 3. The Chief Executive Member, Shillong 4. The Executive Member, I/c Revenue etc. Shillong 5. The Secretary to the Executive Committee, Shillong 6. The Under Secretary to the Executive Committee, Shillong …. Respondent(s) Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge Appearance: In WP(C) No. 153 of 2025 with WP(C) No. 164 of 2025 For the Petitioner(s) : Mr. P. Dey, Adv. For the Respondent(s) : Mr. T.T. Diengdoh, Sr. Adv. with Mr. J.K. Pariat, Adv. Appearance: In WP(C) No. 174 of 2025 For the Petitioner(s) : Mr. R.K. Synrem, Adv. For the Respondent(s) : Mr. T.T. Diengdoh, Sr. Adv. with Mr. J.K. Pariat, Adv. i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: