MAWTHUNGKPER VILLAGE Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL AND ORS.

JUDGEMENT

(1.) THIS is the second time the writ petitioner -elected Sirdar of Mawthungkper village approached this Court assailing the order of the respondent No. 2 Nongstoin Syiemship for recognizing the respondent No. 3 Domphetkhlam village as a separate village. This Court in the earlier writ petition i.e. WP(C) No. 127/2013 vide order dated 24.10.2013 had directed the respondent No. 2 Nongstoin Syiemship to decide the issues as to (i) whether the respondent No. 3 Domphetkhlam village is separated from the village Mawthungkper i.e. writ petitioner or not?, and (ii) whether the separation or creation of the respondent No. 3 Domphetkhlam village was in accordance with law or not?

(2.) HEARD Mr. HL Shangreiso, learned counsel for the petitioner, Ms. PS Nongbri, learned counsel for the respondent No. 1, Mr. P Nongbri, learned counsel for the respondent No. 2 and Mr. L Lyngdoh, learned counsel for the respondents No. 3 -5.

(3.) IN the year 2010, the Jaidoh Marang village with the consent of the people resided therein, had been divided into two separate and independent villages known as "Jaidoh village" and "Marang village" due to large population and sufficient geographical territories under the Syiemship. It is also the further case of the writ petitioner -Mawthungkper village that the respondent No. 4 Jaidoh village and respondent No. 5 Marang village supported the case of the writ petitioner -Mawthungkper village. The Durbar Shnong of the writ petitioner -Mawthungkper village had convened its meeting on 06.10.2011 and deliberated on the matter of separation of village in the name and style of "Domphetkhlam village" and come to the conclusion that the land of Domphetkhlam village is within the jurisdiction of the writ petitioner -Mawthungkper village from time immemorial; moreover, eight families/households, who applied for separation of village as Domphetkhlam village are the residents of Jaidoh village and Marang village. However, as per the decision of the Durbar of Nongstoin Syiemship i.e. respondent No. 2, in its meeting held on 04.04.2012, two office officers namely, Shri. Stelin Thongni and D.K. Nongspung Sordar of MDS had been deputed by the respondent No. 2 to proceed for spot enquiry into the village of the writ petitioner -Mawthungkper village to ascertain the view of the villagers on the matter of creation of separate village in the name and style "Domphetkhlam village" and further directed them to submit the report to the respondent No. 2. In pursuance of the said direction, the said two office officers visited the writ petitioner -Mawthungkper village. The Headman summoned the village Durbar i.e. General Public Meeting on 13.07.2012 wherein, many people from the age of 18 years attended therein and actively participated in the discussion on the demand for separation of village for the Domphetkhlam locality.