KHROKSILA NONGKHLAW RNGI UMSNING Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THE extra ordinary jurisdiction of this Court is sought to be invoked to annul the memorandum No. L. 14/ii (I)86/pt/73-A dated 19. 10. 2004 of the Additional Deputy Commissioner (Revenue), East Khasi Hill District, Shillong, rejecting the petitioners' claim for annual rent for the land involved pursuant to the judgment and order dated 28. 7. 1997 passed by a Full Bench of this Court in CR 1 (SH)/1991.

(2.) I have heard Mr. P. G. Baruah, Sr. Advocate assisted by Mr. B. M. Roy Dolbi, Advocate for the petitioner, Mr. A. Sarma, learned Advocate General, Meghalaya, assisted by Mr. R. Goswami, Government Advocate for the State respondents and Mr. N. C. Das, Sr. Advocate for the respondent No. 5, Syiem of Mylliem, Mawkhar, Shillong.

(3.) THE abbreviated pleaded facts projecting the rival stands need be set out at the threshold. The petitioner claiming herself to be a member of the Scheduled Tribe (Hills) and belonging to Nongkhlaw Rngi family of Late U. Beh Nongkhlaw and late Ka Tyngshain Nongkhlaw Rngi contends to be the owner of 676 acres of land. According to her, this land is her ancestral property and is Ri Kynti (Special) Lands open to succession and inheritance and by virtue of the custom and law prevailing in her society, she has eventually become the owner thereof. She has maintained that in terms of the custom prevalent in her society, her family used to be administered by the male members thereof and at the relevant point of time, her ancestor Late U. Beh Nongkhlaw Rngi entered into an agreement with the British Government and by the indenture that was signed by him on 8. 12. 1863 a portion of the family land was leased out to the said Government on payment of an annual rent of Rs. 50/- for construction of Civil and Military Sanitaria, Posts and Cantonment etc. It was stipulated inter alia that on payment of the aforementioned amount in advance, the petitioner's ancestors would not exercise their rights for the land.