LOWIS DKHAR Vs. THE JAINTIA HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) HEARD Mr. B. Bhattacharjee, learned counsel for the petitioners, Mr. H.S. Thangkhiew, learned senior counsel assisted by Mr. P.N. Nongbri, learned counsel for the respondents No. 1 -4, Mr. K.S. 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.

(2.) THIS writ petition was heard jointly with WP(C) No. 83/2013 for disposal by a common judgment and order. However, for convenient of the Court only WP(C) No. 83/2013 was finally disposed of by a separate judgment and order dated 29.10.2014, which shall also squarely cover the present writ petition i.e. WP(C) No. 84/2013. The fact and law points involved in the present writ petition are similar with the fact of WP(C) No. 83/2013 except the name of plot, number of Land Holding Certificate and number of civil suit.

(3.) THE petitioner No. 1 was the owner in possession of a plot of land known as "Lum Jri Synriah" measuring about 6,92,000 sq.mtr situated at Samasi village, Sumer Patorship, Elaka Raliang, Jaintia Hills District. The petitioner No. 1 was in continuous and peaceful possession of the said land without any disturbance from any quarter. The said land is the private land of the petitioner No. 1 and during the life time of his parents, the same was looked after and managed by his parents and after the death of his parents, the same had been looked after and managed by the petitioner No. 1. The said land of the petitioner No. 1 is an orchard (orange and banana Garden) and the parents of the petitioner No. 1 had also planted orange, banana, various fruits, trees, bamboo etc. in the said land. After the death of his parents, he on 11.12.2009 applied for Land Holding Certificate on the recommendation of the Acting Pator of Samasi Patorship in respect of the said land. Upon the application of the petitioner No. 1, the respondents on 17.12.2009 issued notices calling for objection, if any, to be filed within 7 (seven) days from the date of issue of the said notice. Thereafter, inspection and survey of the said land of the petitioner No. 1 was carried out by the official of the respondents on 22.12.2009 and a report was duly submitted by the enquiry officer on 09.01.2010. After perusal of the enquiry report submitted by the official of the respondents, the respondent No. 5 again on 28.01.2010 issued notices to all concerned for objection, if any, within 17.02.2010 against the issuance of Land Holding Certificate to the petitioner No. 1. It is the further case of the petitioner No. 1 that all the formalities as required by the law had been followed before issuing the Land Holding Certificate No. 51/2010 dated 04.05.2010 to the petitioner No. 1.