SRIMATI QUEEN MARY KONGRI Vs. THE STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. S Wahlang, learned counsel for the petitioner, Mr. S Sen Gupta, learned GA appearing for the respondents No. 1 -7 and Ms. PS Nongbri, learned counsel for the respondent No. 9. None appears for the respondents No. 8 and 8(A).

(2.) THE fact leading to the filing of the present writ petition is briefly noted. The petitioner is the owner of a plot of land which is a "Ri -Kynti" land bounded on the North by land of late Jokisor, South by land of late Robi and others, East by limestone rock and West by Shella river (Umiam River). It is an ancestral land which she inherited from her father late Mohesh Swett. It is nobody's dispute that the said land is situated within the territorial jurisdiction of the Shella Village Durbar. The said land of the petitioner i.e. "Ri Kynti" land having boundaries mentioned above, is a limestone quarry belongs to the father of the petitioner (L) Mohesh Swett. (L) Mohesh Swett who acquired the right, title and interest over the said land and limestone quarry on the strength of the Sale Deed dated 21.02.1925 executed by (L) Merisi and (L) Sottro Singh and translated copy of the Sale Deed dated 21.02.1925 is available at Annexure -1 to the writ petition. Another Sale Deed dated 13.04.1925 was executed by (L) Surendra and (L) Pro in favour of the petitioner. It is also stated that there was a dispute over a portion of the said land of the petitioner and the said dispute had already been decided by a judgment and decree of the competent court in favour of the petitioner's father. The Deputy Commissioner, Khasi & Jaintial Hills by his order dated 14.08.1939 passed in Execution Case No. 3 of 1932 allowed the petitioner's father to take possession of the land schedule of which is "U Soi lime quarry within Shella bounded; North by the lime quarry of Mohesh Swett; East by the limestone rock and South by the lime quarry of Robi Roy and others and West by the Bogra river" (Annexure -9 to the writ petition). As such, it is clearly pleaded case of the petitioner that the said land belongs to the petitioner and has been in continuous possession of the petitioner's predecessors and the petitioner.

(3.) THE respondents No. 2 -4 had filed joint affidavit -in -opposition wherein, the respondents No. 2 -4 stated that the land on which major bridge is constructing is the land belong to the Shella Village Durbar and the Shella Village Durbar had gifted the same to the State Govt. free of cost for construction of the said major bridge. The respondents No. 2 -4 in their joint affidavit -in -opposition is not denying that the said land of the petitioner is situated within the Shella Village Durbar.