GUJENG MARAK & ANR Vs. G.H.A.D.C & ORS
HIGH COURT OF MEGHALAYA
Gujeng Marak And Anr
G.H.A.D.C And Ors
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(1.) By means of the instant writ petition the petitioners have assailed the orders dated 20.12.2011 passed by the E.M In-charge Revenue, GHADC and
order dated 16.04.2015 passed by the Chief Executive Member, GHADC on
the ground that the orders so passed, were without jurisdiction and made in
exercise of powers not vested upon them by law. This challenge is based on the
premise that the Executive Members are only vested with powers to adjudicate
on matters arising from, or relating to any Akhing dispute as per the Garo Hills
Autonomous District Council (Social Customs and Usages) Validating Act,
1958, and they do not exercise any other judicial functions pertaining to civil disputes.
(2.) Heard Ms. S.G. Momin, learned counsel on behalf of the petitioner and Mr. S. Dey, learned counsel on behalf of the respondent No. 1 to 3 and Mr.
A.G. Momin, learned counsel on behalf of the respondent No. 4.
(3.) Ms. S.G. Momin, learned counsel submits that the point of issue in the writ petition is in the exercise of powers by the Executive Member In-charge
Revenue of the GHADC in passing an order that amounts to a Money Decree,
when no such power has been vested upon them to do so. Alluding to the facts,
learned counsel submits that the petitioner No. 1 and the respondent No. 4, are
joint Nokmas of their Akhing which is known as Gandupara, wherein there is
situated a Rubber Plantation which has been started since 1988-89, and the
profits and proceeds arising therefrom used to be shared among the cultivators,
who were the clan members themselves as per customary practice. She submits
that one Shri. Tangan Sangma the predecessor of Respondent No. 4 sometime
in 2007, had obtained an ex-parte order dated 14.06.2007 from the Executive
Member In-charge Revenue with regard to rights over the said plantation apart
from also restraining the petitioners from operating the same. Learned counsel
submits that the said proceedings were conducted without issuance of notice to
the petitioners, who then moved for vacation of the said order. However, she
submits in the meantime, the petitioners' other clan members approached this
Court by way of WP(C) No. 249(SH) of 2007 and this Court was pleased to
stay the operation of the order dated 14.06.2007 passed by the Executive
Member In-charge Revenue and by order dated 20.10.2010 the writ petition
was disposed of with a direction to the District Council to adjudicate the dispute
as per law.;
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