JELWIS PASLEIN Vs. THE JAINTIA HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) BY this writ petition, the writ petitioner in whose favour the Revenue Officer, Jaintia Hills Autonomous District Council (for short 'JHADC'), Jowai issued the Land Holding Certificate No. 37 of 2010 Elaka Raliang, Sumer Patorship along with a sketch map is challenging the impugned order dated 18.03.2013 passed by the Chief Executive Member, JHADC, Jowai to whom the case being No. JHADC/REV/MRC/30/2011, had been transferred for deciding the case exercising the original jurisdiction of the Revenue Officer, JHADC and under the impugned order dated 18.03.2013 Land Holding Certificate No. 37 of 2010 Elaka Raliang, Sumer Patorship dated 04.03.2010 had been cancelled and directed the Revenue Officer, JHADC, Jowai to proceed with the process for granting of LHC on the application dated 11.12.2009 of Shri. Jelwis Paslein (writ petitioner) and to complete the process inclusive survey within a period not later than six months from the date of the order.

(2.) HEARD Mr. B Bhattacharjee, learned counsel for the petitioner, Mr. HS Thangkhiew, learned senior counsel assisted by Mr. PN Nongbri, learned counsel for the respondents No. 1 -4, Mr. KS Kynjing, learned senior counsel assisted by Mr. S. Suna, learned counsel for the respondent No. 5 and Dr. ODV Ladia, learned senior counsel assisted by Mr. P Yobin, learned counsel for the respondents No. 6 & 7.

(3.) THE respondents No. 6 & 7, who are well aware of the fact that the said land "Lum Khadser" under Land Holding Certificate No. 37 of 2010 is the private land of the petitioner and has been in continuous possession, occupation, use and enjoyment of the petitioner's family till date, started illegally claiming that the said land is a community land/forest land belonging to their village Mynthning Village, Jaintia Hills District, Meghalaya. On such disturbance of the petitioner's peaceful possession of the said land called "Lum Khadser" under the Land Holding Certificate No. 37 of 2010 dated 04.03.2010, the petitioner filed a civil suit being Title Suit No. 15 of 2011 before the Judge, District Council Court, Jowai against the respondents No. 6 & 7, which was endorsed to the Court of Smt. V Kyndiah, Presiding Officer, Sub -ordinate District Council Court, Jowai. The petitioner also filed a miscellaneous application for injunction, which was registered as Misc. Case No. 14 of 2011 against the respondents No. 6 & 7. The respondents No. 6 & 7 entered appearance in the said civil suit and filed their respective written statements -cum -counter claims and the said civil suit is pending. The relief sought for in the said civil suit i.e. Title Suit No. 15 of 2011 are: -