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2014 DIGILAW 231 (MEG)

Netjak Ch. Marak v. Garo Hills Autonomous

2014-09-23

T.NANDAKUMAR SINGH

body2014
JUDGMENT : T. Nandakumar Singh, J. 1. Heard Mr. A.S. Siddiqui, learned counsel appearing for the petitioner. Also heard Mr. S. Dey, learned counsel appearing for the respondents No. 1 to 3 and also Ms. S.G. Momin, learned counsel appearing for the respondents No. 4, 5 and 6. 2. By this writ petition, the petitioners are assailing the judgment and order dated 21.12.2012 passed by the respondent No. 2 i.e. the Chief Executive Member, Garo Hills Autonomous District Council, West Garo Hills, Tura in GDC Rev./Appl. No. 1 A/C of 2005 for setting aside the order dated 20.11.2004 passed by the Executive Member 1/C Land and Revenue, Garo Hills District Council in District GDC Rev. No. 23 A/C of 2004-2005 for registration of the name of the petitioners as Nokmaship of Galwanggri A. King, III-318) with effect from 30th November, 2004. 3. After hearing the submissions of the learned counsel appearing for the parties as well as perusal of the writ petition and the affidavit-in-opposition, it is clear that there is a serious disputed question of fact regarding the genealogical tree of the Nokma of Galwanggiri A. King. 4. It is a case of the petitioners that the Noga mechik was the last recorded Nokma of Galwanggri A. King who had died long years back and she had no female issue to succeed the Nokmaship of Gawlanggre A. King. The Maharis of the clan had decided to adopt Smti Netjak Marak Mechik the younger sister of Lt. Noga Marak to be the successor Nokma of the said A. King according to Garo customary. In these circumstances, the petitioners had approached the Executive Member, Garo Hills District Council by filing the said case i.e. District GDC Rev. No. 23 A/C of 2004-2005 for registering their names as Nokma of Galwanggri A. King and the learned Executive Member also passed the order dated 20.11.2004 in the said case i.e. District GDC Rev. No. 23 A/C of 2004-2005 for registering the name of the petitioner as the Nokma of Galwanggre A. King. Being aggrieved by the said order of the Executive Member dated 20.11.2004 passed in District GDC Rev. No. 23 A/C of 2004-2005 the Respondent No. 4 Shri. Wilneng Marak filed an appeal being GDC Rev./Appl. No. 1 A/C of 2005 in the court of the Chief Executive Member, GDC, Tura, West Garo Hills, Meghalaya. Being aggrieved by the said order of the Executive Member dated 20.11.2004 passed in District GDC Rev. No. 23 A/C of 2004-2005 the Respondent No. 4 Shri. Wilneng Marak filed an appeal being GDC Rev./Appl. No. 1 A/C of 2005 in the court of the Chief Executive Member, GDC, Tura, West Garo Hills, Meghalaya. The learned Chief Executive Member, GDC, Tura vide judgment and order dated 21.12.2012 allowed GDC Rev./Appl. No. 1 A/C of 2005 set aside the order of the Executive Member dated 20.11.2004 passed in GDC Rev. No. 23 A/C of 2004-2005 and directed the names of the respondents No. 5 and 6 be recorded as the Nokma of Galwanggre A. King. The present writ petition is filed for assailing the judgment and order of the Chief Executive Member, GDC, Tura, West Garo Hills, Meghalaya dated 21.12.2012 passed in GDC Rev./Appl. No. 1 A/C of 2005. 5. Mr. A.S. Siddiqui, learned counsel appearing for the petitioner strenuously contended that the learned Chief Executive Member passed the impugned judgment and order dated 21.12.2012 basing on the statements of the witnesses, who are not the members of the concerned clan and also that the petitioners had not been given an opportunity to produce their evidence, both documentary and oral evidence. 6. This court has given anxious consideration to the impugned judgment and order dated 21.12.2012 passed in GDC Rev./Appl. No. 1 A/C of 2005 and is of the view that the learned Chief Executive Member had not properly appreciate the statement of the witnesses and also had been influenced by the statement of some witnesses who are not the members of the concerned clan. 7. The learned counsel appearing for the parties also submit at the Bar that there is a serious disputed question of fact as to who will be the rightful Nokma of Galwanggre A. King; and it is required to be decided afresh by the Executive Member after allowing the parties to produce the evidence i.e. the oral and documentary evidence. 8. This court is also of the considered view that as there is a serious disputed question of fact, the Executive Member shall decide the District GDC Rev. 8. This court is also of the considered view that as there is a serious disputed question of fact, the Executive Member shall decide the District GDC Rev. No. 23 A/C of 2004-2005 denovo by following the procedures under Law after giving opportunities to the parties to produce both oral and documentary evidence in support of this respective case and both order dated 20.11.2004 passed in District GDC Rev. No. 23 A/C of 2004-2005 and 21.12.2012 passed in GDC Rev./Appl No. 1 A/C of 2005 are Act aside. The Executive Member shall finally decide the above case as early as possible, but not later than 6(six) months from 27.10.2014; and the parties are to appear before the Executive Member on 27.10.214. In the interregnum the Respondent No. 5 Shri Tujonsing A. Sangma and Respondent No. 6 Shri Khalje Ch. Marak shall be the acting Nokma of Galwanggre Akhing 9. The writ petition is allowed to the extent indicated above.