PONGDO MARAK Vs. ROSIN SHIRA
HIGH COURT OF MEGHALAYA
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(1.) Heard Mr. HR Nath, learned counsel for the petitioner and Mr. S Dey, learned counsel for the respondents No.2 & 3.
(2.) Mr. S Dey, learned counsel for the respondents No.2 & 3 questioned the maintainability of the present revision petition. Accordingly, this question is now taken up as a preliminary point. The grounds for questioning the maintainability of the revision petition are:-
(i) Under Rule 6 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954; the High Court may, on application or otherwise, call for the proceedings of any civil or criminal case decided by or pending in any court in the autonomous district constituted under the provisions of sub-paragraphs (1) and (2) of paragraphs 4 of the Sixth Schedule to the Constitution and passed such orders as it may deem fit. Therefore, the revision petition could be filed before this court for calling the proceedings of the civil and criminal cases pending in any courts and against the order passed by any courts. The present impugned order dated 19.09.2011 is an order passed by the Chief Executive Member, which is not the court constituted under Rules called Garo Hills Autonomous District (Administration of Justice) Rules, 1953, inasmuch as, the Courts in the Autonomous District Council area are constituted under the said Rules;
(ii) A mere mentioning of the word "Court" in the impugned judgment and order dated 19.09.2011, will not make the office of the Chief Executive Member as a Court; and
(iii) The appropriate forum to seek remedy against the impugned judgment and order dated 19.09.2011 passed by the Executive authority i.e. the Chief Executive Member, would be writ petition under Article 226 of the Constitution of India.
(3.) Mr. HR Nath learned counsel for the petitioner strenuously contended that by an order of this Court dated 18.04.2012 passed in MC(WP(C) No.(SH)106/2012, the writ petition assailing the same impugned judgment and order was allowed to withdraw with a liberty to file afresh petition. Through bonafide mistake, present petition in the form of revision petition is filed.;
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