Rikmoni N. Marak v. Garo Hills Autonomous District Council
2014-09-23
T.NANDAKUMAR SINGH
body2014
DigiLaw.ai
JUDGMENT : T. Nandakumar Singh, J. 1. By this writ petition, the petitioners are assailing the order dated 10.01.2013 passed by the Chief Executive Member, Garo Hills District Council, Tura in Nengkra A'king GDC-Rev-/Appl. No. 5 A/C of 2007 (Annexure-VI to the writ petition) and the said order dated 10.01.2013 reads as follows:- "Parties present, heard their learned counsels submissions. Judgment & Order is pronounced in an open court which is prepared in a separate sheet. Appeal is allowed. Case stands disposed of." 2. Heard Mr. J Langsangliana, learned counsel for the petitioners, Mr. S. Dey, learned counsel for the respondents No. 1-4 and Ms. Y Shylla, learned counsel for the respondent No. 5. 3. Mr. S. Dey, learned counsel for the respondents No. 1-4 submits at the Bar that the Executive Member, Garo Hills Autonomous District Council (for short 'GHADC'), Tura had committed a bonafide mistake in passing the said order dated 10.01.2013 inasmuch as, the said Nengkra A'Khing GDC-Rev/Appl No. 5 A/C of 2007, has not been yet disposed of and what the Executive Member, GHADC, Tura intended to mean in that order is that the issues are framed which are in a separate sheet. Mr. S. Dey, learned counsel for the respondents No. 1-4 contended that he is having the record of the proceedings of Nengkra A'Khing GDC-Rev/Appl No. 5 A/C of 2007 and further contended that the concerned Executive Member, GHADC, Tura had also tendered an unconditional apology of the bonafide mistake he had committed in passing the order dated 10.01.2013 and the said bonafide mistake in passing the order dated 10.01.2013 had been corrected to the extent that: "I am sure that initiating a fresh inquiry by taking evidences of the parties and their witnesses, by taking up the following issues will, in my view, finally solve the long pending dispute for Akhing Nokmaship of the parties. (i) Whether Jongsan Momin was released from 'Akim', after Ringme N. Marak deserted Jongsan N. Momin. (ii) Whom the clan people actually selected to the Akhing Nokma after Ringme N. Marak deserted Jongsan Momin and left the house of Jemse N. Marak. (iii) Whether the documents submitted in GDC-Rev No. 35 A/C were legally acceptable. The answer to these issues, I sincerely believe will finally solve the dispute for Akhing Nokmaship.
(ii) Whom the clan people actually selected to the Akhing Nokma after Ringme N. Marak deserted Jongsan Momin and left the house of Jemse N. Marak. (iii) Whether the documents submitted in GDC-Rev No. 35 A/C were legally acceptable. The answer to these issues, I sincerely believe will finally solve the dispute for Akhing Nokmaship. The parties are directed to suggest issues in addition to the core issues mentioned above, if any, to submit list of their witnesses and relevant further documents, if any. All these steps should be completed immediately by next date to enable me to take oral evidence of the parties and their witnesses. In view of the High Court's order, further delay should be avoided to arrive at final settlement. Fix 15/5/13 for steps." 4. In the course of hearing of the present writ petition, this Court put question to the parties as to whether or not the said Nengkra A'Khing GDC-Rev/Appl No. 5 A/C of 2007 had been finally disposed of and as to whether the submission of Mr. S. Dey, learned counsel for the respondents No. 1-4 that the said bonafide mistake in passing the order dated 10.01.2013, had been corrected by the concerned Executive Member, GHADC, Tura to the extent indicated above or not? To these questions, learned counsel appearing for the parties submitted that the case is still pending and it had not been disposed of finally. In such circumstances, for abundant precaution, the order dated 10.01.2013, which reads as follows "parties present, heard their learned counsels submissions. Judgment & Order is pronounced in an open court which is prepared in a separate sheet. Appeal is allowed. Case stands disposed of" is hereby quashed. As submitted by the parties, the Chief Executive Member, GHADC, Tura shall proceed Nengkra A'Khing GDC-Rev/Appl No. 5 A/C of 2007 according to law. 5. Writ petition is allowed to the extent indicated above.