- (1.) Heard Mr. H.S. Thangkhiew, learned Counsel appearing for the Petitioner. Mr. V.G.K. Kynta, learned Standing Counsel for the Khasi Hills Autonomous District Council (hereinafter referred to as "the KHADC") appears for Respondent Nos. 1 to 4. The 'Sordar' of Kynshi village (Respondent No. 6) is represented by Mr. H. Kharmi.
(2.) This case has a chequred history and the relevant facts may be set out at the very outset. 2.1. The Kynshi Village within the Nongkhlaw Syiemship was in existence since ancient days and because of the increase in the number of households and population of the original village, a decision was taken by the Durbar of village Kynshi on 20.5.1977 to divide the village into 4 localities for convenience of administration. One of 4 such locality is known as Bangla (Kynshi). 2.2. A communication dated 13.10.1997 written by Sordar of Kynshi village (Annexure-2) indicate that consent was also given for creation of a separate village comprising the boundary of Kynshi-Bangla locality. 2.3. However disputes subsequently arose on the bifurcation of the Kynshi-Bangla village from the parent Kynshi village and after several rounds of litigation, a settlement was arrived at on 31.3.2005 amongst the feuding parties of Kynshi village and those espousing the creation of the Kynshi-Bangla village and it is recorded in the order of the Executive Member, In-Charge Elaka Administration of the KHADC that the status of Kynshi-Bangla village is now recognized and the complaint against the creation of the new entity made by the parent village, stood withdrawn in pursuant to the settlement amongst the parties. 2.4. Notwithstanding the aforesaid settlement, the dispute got revived through complaint made by the Sordar and other Executive Committee Members of Kynshi Village and a spot inquiry was also conducted on 18.6.2005 on the issue of creation of an independent village by the Executive Member, In-charge Elaka of the KHADC. In the report of the Spot Inquiry (Annexure-23) is was recorded that the Kynshi-Bangla locality is well demarcated with natural boundaries of hills and stream and it was opined by the Enquiry Officer that the said locality deserves to exists as a full-fledged village. But the village Sordar of Kynshi village opposed the said inquiry findings and the issue was once again taken up by the Executive Committee of the KHADC for consideration. 2.5. After considering the contentions raised by both parties and having found that there was no unanimity on the part of the Kynshi villagers for according permission and recognition to the Kynshi-Bangla locality to function as a separate full-fledged village; by the impugned order dated 21.9.05 (Annexure-25), it was decided that the claim for creation of an independent and full-fledged Kynshi-Bangla village is not acceptable. Aggrieved by the said decision, the Headman of Kynshi-Bangla village has filed the instant writ petition.
(3.) On behalf of the Respondent No. 6 it is submitted by Mr. H. Kharmi, learned Counsel that there was no unanimity amongst the Sordar and Durbar of Kynshi village to accord sanction for creation of Kynshi-Bangla village by bifurcating the original Kynshi village and accordingly the decision not to accord sanction for creation of new village is contended to be justified in law.;