SMT. SIBILISH M SANGMA Vs. G.H.A.D.C & ORS.

JUDGEMENT

(1.) Heard Mr. R. Kar, learned counsel assisted by Ms. S.G. Momin, learned counsel for the petitioner and Mr. S. Dey, Standing Counsel G.H.A.D.C for the respondent No. 1 to 3 and Mr. K.S. Kynjing, learned Sr. counsel assisted by Ms. I.L. Mawphlang, learned counsel for the respondent No. 4.

(2.) The brief facts leading to this instant writ petition are as under : The Petitioners are the members of the Mansang Kalcheng Clan and the Private Respondent No. 4 is a member of the Chambugong Wage Clan. The case of the Petitioners is that many years ago, the Daronggre II-20 (16) A?khing land was acquired by way of purchase from the Koches by the predecessors of the Petitioners and of the respondent No. 4 that is, by both the clans jointly. Further, the case as projected is that Daronggre Akhing was since 1926, jointly represented continuously by Nokmas from the Mansang Clan, firstly by Shri. Jingran Marak and his wife Smti. Megan Sangma, till the present day, by Shri. Dipson Ch. Marak along with the petitioner, Smti. Sibillish M. Sangma. That as such, all along, both the Mansang and Chambugong Clans jointly possessed the rights of management of the said Akhing. In the year 2001, on the death of the alleged last recorded Nokma, Shri. Tiran Marak, the petitioner filed a petition to register her name as a Co-Nokma of the said Akhing before the GHADC. The said case was registered as G.D.C/Rev/Case No. 8 A/C of 2001- 2002. The Executive Member, In- Charge Revenue rejected the claim of the petitioner and on appeal, being preferred, the same was not interfered with by the CEM, GHADC. The petitioner there by, being aggrieved, approached this Court by way of WP(C) No. 96 (SH) of 2010. This Court, by order dated 14.09.2011, was then pleased to set aside the order dated 07.01.2009, passed by Learned Executive Member, In- Charge Land Revenue/ G.H.A.D.C, and also the appellate order dated 05.02.2010 passed by Chief Executive Member, G.H.A.D.C, and directed for a fresh trial of the matter, and to decide the same after affording adequate opportunity of hearing to both the parties. On remand, the matter was taken on board before the Learned Executive Member, In-Charge Revenue and the same was registered as G.H.A.D.C/REV. 25 A.C of 2011. The Learned Executive Member framed as many as eleven issues and examined witnesses from both sides. After adjudicating the matter, the Learned Executive Member, GHADC found that the petitioners had not been able to establish the case in any manner, and came to a finding that the petitioner?s side were never registered or recorded as Nokmas at any point of time. However, due to the existence of an order dated 11.01.1956, passed by the then Chief Executive Member, which indicated the existence of Mansang Clan as joint Nokmas in the Akhing, the said order prevented the said Revenue Member from rejecting the claims of the Mansang Clan totally. The reason given was that that since it was order of the CEM which is a higher office than his, he was not competent to interfere with the same. As such, by order dated 30.07.2015, he disposed of the matter by directing the parties to maintain the status as it prevailed. The respondents, being aggrieved thereby, preferred an appeal before the Chief Executive Member, G.H.A.D.C assailing the order dated 30.07.2015 passed by the Learned Executive Member In-Charge Revenue and the same was registered as G.H.A.D.C/REV the appeal No. 54 A.C of 2015. The Learned CEM after hearing the parties came to a categorical finding that there is no Mansang Clan Akhing in Darrongre and that whatever Mouzadar report relied upon by the petitioner to support their, was not on the basis of any order or Court direction, and as such was untenable. The appeal was thus allowed by order dated 08.06.2016, holding that Darrongre Akhing is the single Akhing of Chambugong Clan only. Being aggrieved by the appellate order passed by the Learned CEM/ G.H.A.D.C. the petitioner is now before this Court by means of the instant writ petition.

(3.) Mr. R. Kar, learned counsel for the petitioner submits that the petitioners right of joint Nokmaship over the Daronggre Akhing, in a most arbitrary manner, had been taken away by the order dated 08.06.2016, passed by the Learned CEM, GHADC. He submitted that the order was passed without taking into consideration all the materials on record, and that by passing the impugned order, the same amounted to a review of the order dated 11.01.1956, passed by the then Chief Executive Member, which had recognized the joint Nokmaship of the Petitioner?s and the Respondent?s Clan over the Akhing.