Order This instant writ petition is directed against the issuance of the Land Holding Certificate Nos. 96, 95, 113 of 2008; 75, 78, 79, 81, 82, 91, 97, 98, 99, 100, 101, 102, 103 of 2009. Patta Nos. 3085, 3088 of 2009 and Preliminary settlement order No. 54 of 2005-2006. 2. The brief fact of the case in a nutshell is that:- "The petitioner is the Headman of Umkyrpong village who has been duly authorized by the Dorbar of Umkyrpong village to represent the village in the instant case. On 18.06.2009 and 02.07.2009, the Headman and the Secretary of the village Umkyrpong, had respectively filed Petitions/Objections before the Chief Forest Officer, Revenue Officer and Land Record and Settlement Officer, Jaintia Hills Autonomous District Council, Jowai requesting them not to issue any Land Holding Certificates, Patta and Preliminary settlement, etc to any individual with regard to the forest lands which falls within the jurisdiction of the Umkyrpong village, Jaintia Hills District without the knowledge and concern of the village. Recently it has come to the knowledge of the then Headman and the villagers of Umkyrpong village that the private respondent has fraudulently obtained documents from the office of the Jaintia Hills Autonomous District Council, Jowai with regard to the forest land of the village and the then Headman of the village being suspicious of the activities of the private respondents, the then Headman then filed applications dated 24.10.2011, seeking for information under Right to Information Act, 2005, regarding the issuance of Land Holding Certificates and Settlement Orders to various persons mentioned therein. Vide information's dated 31.01.2012, 09.02.2012 and 02.05.2012 the Public Information Officer and Revenue Officer and Public Information Officer and Land Record and Settlement Officer, Jaintia Hills Autonomous District Council, Jowai supplied the information regarding the Land Holding Certificates, Patta and Preliminary Settlement Orders. Vide information's dated 31.01.2012, 09.02.2012 and 02.05.2012 the Public Information Officer and Revenue Officer and Public Information Officer and Land Record and Settlement Officer, Jaintia Hills Autonomous District Council, Jowai supplied the information regarding the Land Holding Certificates, Patta and Preliminary Settlement Orders. Interestingly' the notice for objection for issuance of the Land Holding Certificate issued by the Jaintia Hills Autonomous District Council, Jowai which was marked to the Headman of Umkyrpong was never received by the Headman of the village at any point of time but as per the notice which has been supplied through RTI the same was received and signed by some one else in the name of the Headman by signing on the notice whereas the then Headman Shri Koles Paslein is an illiterate person and does not know how to sign and always put his thump impression in all the documents. The Land Holding Certificate was fraudulently obtained by the private respondents by conspiring and forging the seal and signature of the previous Headman of Umkyrpong village namely Shri Phamles Manar and filed a petition dated 05.10.2009 before the Revenue Officer, Jaintia Hills Autonomous District Council, Jowai and falsely informing the Revenue Officer that the village durbar had withdrawn the objection petition filed by the village on 02.07.2009 and requested the Revenue-Officer to register the forest landed properties of the persons whose names of the landed properties and file numbers had been mentioned in the said petition. The entire process of issuance of Land Holding Certificate to the private respondents was carried out in connivance with the respondent No. 8 who without verifying the signature of the, then Headman of Umkyrpong village, without issuing notices to the Headman and Secretary of the Umkyrpong village and without hearing and recording objections and statements, had illegally issued the Land Holding Certificates. Inspite of the objection dated 18.06.2009 the C.E.M. JHADC issued Patta to the private respondents being Patta Nos. 3085, 3088 of 2009 and the Land Record and settlement officer has also issued Preliminary Settlement order No. 54 of 2005-2006 without hearing and recording objections and statements of the objector that is, the petitioner's village. Inspite of the objection dated 18.06.2009 the C.E.M. JHADC issued Patta to the private respondents being Patta Nos. 3085, 3088 of 2009 and the Land Record and settlement officer has also issued Preliminary Settlement order No. 54 of 2005-2006 without hearing and recording objections and statements of the objector that is, the petitioner's village. It appears that Shri Coles Paslein upon his removal from the post of Headman of the Umkyrpong Village Durbar, he had applied for the Land Holding Certificates in respect of the forest landed properties and obtained the same fraudulently from the Revenue Officer, Jaintia Hills Autonomous District Council, Jowai by conspiring with the private respondents and the respondent No. 8 and by forging the seal and signature of the Headman, Umkyrpong Village had filed a petition dated 05.10.2009, before the Revenue Officer, Jaintia Hills Autonomous District Council, Jowai and falsely informing the Revenue Officer that the village durbar had withdrawn the objection petition filed by the village on 02.07.2009 and requested the Revenue Officer to register the forest landed properties in the name of their names. The then Headman and Secretary of Umkyrpong against the illegal act of the private respondents had lodged an FIR against them on 04.05.2011 before the respondent No. 4 informing him of the conspiracy and forgery committed by the private respondents on the basis of the FIR dated 04.05.2011 a case was registered by the respondent No. 4 which has been numbered as Khliehriat P.S. Case No. 77(5)2011 Under Section 120(B), 420/467/471/472/473 1PC. Till date the investigation of the same has not proceeded any where nor has the statement of the complainants who was the then Headman and Secretary of Umkyrpong village been recorded till date. The private respondent No. 9 to 21 then after receipt of the Land Holding Certificate Nos. 96, 95, 113 of 2008. Land Holding Certificate Nos. 75, 78, 79, 81, 82, 91, 97, 98, 99, 100, 101, 102, 103 of 2009, Patta Nos. 3085, 3088 of 2009 and Preliminary settlement order No. 54 of 20052006 immediately had transferred their respective land to the respondent No. 23. Hence the instant writ". 3. The learned counsel, Mr. 96, 95, 113 of 2008. Land Holding Certificate Nos. 75, 78, 79, 81, 82, 91, 97, 98, 99, 100, 101, 102, 103 of 2009, Patta Nos. 3085, 3088 of 2009 and Preliminary settlement order No. 54 of 20052006 immediately had transferred their respective land to the respondent No. 23. Hence the instant writ". 3. The learned counsel, Mr. B. Bhattacharjee appearing for and on behalf of the petitioner submitted that the settlement of the land was made in favour of respondents' No. 10 to 22, but actually transferred in favour of respondent No. 23 on the same day without following any procedures and rules. The learned counsel further contended that no notice was issued as required under Rule 15 of Chapter-1 of the Settlement Rules made under the provision of the Assam Land and Revenue Regulation, 1886. The learned % counsel further contended that as per the Government Notification No. ERT (T) 62/81/11 dated 22nd July 1982 the Registration Act, 1908 is applicable to the entire State of Meghalaya, but here it appears from the affidavit that the land in question has not been registered as required under the Registration Act, 1908, and no notice has been issued before settlement and the entire transaction took place in connivance with the Revenue Officer (respondent No. 8). So, necessary order may be passed. 4. On the other hand, the learned counsel for the respondents' No. 10 to 22, Mr. H. Kharmih submitted that the respondent No. 10 to 22 has already sold the land in favour of the respondent No. 23 by means of Katcha Sale Deed, and on the basis of the Katcha Sale Deed, mutation was done and the land was transferred in favour of the respondent No. 23. As such, there is nothing wrong in the transaction. 5. The learned counsel, Mr. O.D.V. Ladia appearing for and on behalf of respondent No. 23 submitted that the respondent No. 23 purchased the land from respondents' No. 10 to 22 by means of Katcha Sale Deed and get it utated in his favour and that is the practice prevailing in the Jaintia Hills District. 6 The learned Advocate Gen. Mr. K.S. Kynjing appearing for and on behalf of the State submits that the Katcha Sale Deed is in practice in the Jaintia Hills District. Each and everyone are purchasing the land by means of Katcha Sale Deed. 6 The learned Advocate Gen. Mr. K.S. Kynjing appearing for and on behalf of the State submits that the Katcha Sale Deed is in practice in the Jaintia Hills District. Each and everyone are purchasing the land by means of Katcha Sale Deed. Therefore, there is nothing wrong in it, as the Katcha Sale Deed is in practice. However, this court put a question to the learned Advocate Gen. that "practice of Katcha Sale Deed is causing loss to the revenue, but, to which he had no answer". 7. Mr. H.S. Thangkhiew, learned Sr. counsel appearing for respondents' No. 5, 6, 7 and 9 did not place any submission and just said that, it appears that Katcha Sale Deed is in practice. 8. After hearing the submissions and going through the different annexure, it is apparent to--me that settlement has been made in favour of respondent No. 10 to 22 and subsequently, the land has been transferred in favour of respondent No. 23 and gets mutated in his favour on the basis of a Katcha Sale Deed. It is also noticed and observed that on the same day all the mutation has been taken place. There arose some doubt about the whole transaction. 9. Amended Rule 15 of Chapter-1 of the Settlement Rules made under the provisions of the Assam Land and Revenue Regulation, 1886 speaks as follows: "15. Notwithstanding anything contained in these Rules, the District Council may, after enquiry if satisfied that any land is occupied by a person in accordance with the customary practice of land holding in the District and by virtue of continuous and indisputable possession, the occupant has acquired the right of peaceful enjoyment over such land, issue a Land Holding Certificate conferring on such person the right of ownership thereof. Provided that the manner and mode of enquiry, fees payable and the forms required for the issue of Land Holding Certificate shall be determined and prescribed by the Executive Committee". 10. So, on bare perusal of Rule 15 as quoted above, I am of the view that the settlement to be granted in favour of the person who is in continuous possession and indisputable possession of a land and for which a preliminary enquiry is a must before granting Settlement Certificates/Land Holding Certificates. 10. So, on bare perusal of Rule 15 as quoted above, I am of the view that the settlement to be granted in favour of the person who is in continuous possession and indisputable possession of a land and for which a preliminary enquiry is a must before granting Settlement Certificates/Land Holding Certificates. In this instant case, after going through all the relevant documents placed before me, I find that proper enquiry and notices has not been issued nor a proper enquiry has been conducted before granting Settlement Certificates/Land Holding Certificates. 11. It is a fact that the Registration Act, 1908 is applicable to the entire State of Meghalaya as appeared from the Notification dated 22nd July, 1982 which is reproduced herein below: "The 22nd July 1982 No. ERT (T) 62/81/11. — In exercise of the powers conferred by and under the proviso to Section 1 A of the Indian Registration Act, 1908 (Central Act XVI of 1908), as amended and modified in its application to the State of Meghalaya, the Governor of Meghalaya is pleased, in supersession of all previous orders on the subject to direct that the Act aforesaid shall apply in the whole of the State of Meghalaya on an from the First day of September, 1982 subject to the exceptions, restrictions or modifications specified in the Schedule below.— SCHEDULE Any document executed by a member of the Schedule Tribes or Schedule Castes pertaining to the State of Meghalaya shall be exempted of 50 per cent (fifty per cent) of the registration fees fixed under the Act aforesaid or the rules , orders or notification made thereunder. DILIP SINGH Special Secy. to the Govt. of Meghalaya, Excise, Registration and Taxation Department". 12. Since the Registration Act, 1908 is applicable to the entire State of Meghalaya, in such circumstances, land are to be transferred by way of register Sale Deed as required in Part-V and others of the Registration Act, 1908. 13. For the reasons discussed above, I find that in this instant case, the notices and preliminary enquiry has not been conducted in the light and spirit of amended Rule 15 of the Assam Land and Revenue Regulation, 1886 and has not been complied with in its true sense. 13. For the reasons discussed above, I find that in this instant case, the notices and preliminary enquiry has not been conducted in the light and spirit of amended Rule 15 of the Assam Land and Revenue Regulation, 1886 and has not been complied with in its true sense. Secondly, the mutation on the basis of Katcha Sale Deed is not allowed by law since the Government has extended the Registration Act, 1908 to the entire State of Meghalaya that all Sales Deed needs to be registered, otherwise, it will create confusion again and again and also cause loss to the Government, Revenue. Therefore, I find that the petitioner has a case. 14. Accordingly, this instant writ petition is allowed; impugned Land Holding Certificates/Settlement Orders and Katcha Sale Deed are hereby set aside with a direction to the respondents to make settlement in accordance with rules and laws as discussed above. 15. Registry is directed to circulate this judgment and order to all the District Magistrates/Sub-Registrars of the State of Meghalaya through the District Magistrate, Meghalaya, Shillong. 16. The matter stands disposed of.