ROMENI D. SHIRA Vs. THE GARO HILLS AUTONOMOUS DISTRICT COUNCIL AND ORS.

JUDGEMENT

(1.) HEARD Mr. GS Massar, learned senior counsel assisted by Ms. SG Momin, learned counsel for the appellant, Mr. S Dey, learned counsel for the respondents No. 1 -3 and Mr. V.K. Jindal, learned senior counsel assisted by Ms. QB Lamare, learned counsel for the respondents No. 4 & 5.

(2.) THIS intra -court appeal is directed against the judgment and order of the learned Single Judge dated 28.05.2012 for dismissing the writ petition i.e. WP(C) No. (SH)326/2008 solely on the ground that there was a considerable delay in filing the writ petition. On perusal of the said impugned judgment and order of the learned Single Judge dated 28.05.2012, it is crystal clear that the learned Single Judge did not decide the writ petition i.e. WP(C) No. (SH)326/2008 on merit.

(3.) THE appellant/writ petitioner after sleeping over the matter for a considerable number of years submitted an application dated 23.09.2008 to the Chief Executive Member, GHADC praying for de novo trial on the ground that the respondents No. 4 & 5 did never had their feet on the Akhing as they were raked outsiders and never performed functions of Nokma. It is also stated that the said application had been registered as GDC -REV No. 28 AC of 2008. It is also alleged that the Chief Executive Member, GHADC also passed an order on 30.09.2008 for admitting the appeal and fixed on 27.11.2008 as the next date. However, it is also alleged that on an off date i.e. 04.11.2008, the Chief Executive Member, GHADC passed an order that until and unless the said order of the Executive Member I/C Revenue, GHADC dated 21.12.1993 passed in GDC. Rev. Case No. 30/AC/88 -89 had been quashed and set aside by the appropriate authority, the case of the appellant/writ petitioner for inserting her name as Nokma of Chidimit Akhing land cannot be considered. Being aggrieved by the said order of the Chief Executive Member, GHADC dated 04.11.2008, the appellant/writ petitioners filed the present writ petition i.e. WP(C) No. 326/2008. As stated above, the learned Single Judge passed the impugned judgment and order dated 28.05.2012 for dismissing the writ petition solely on the ground of delay inasmuch as, the appellant/writ petitioner knocked the door of this Court 15 years after passing the said order dated 24.01.1995 by the Chief Executive Member, GHADC directing the appellant/writ petitioner to approach the High Court.