JUDGMENT : The brief fact of the case in a nutshell is that: “The instant Writ Petition under Article 226 is being preferred by the petitioners, Petitioner No. 1 is the recorded Nokma, IV – 55(4) of Wagopgre Songsak Akhing who due to old age had been pursuing the Nokmaship through the Petitioner No. 2 who is her daughter and her son-in-law. That sometime in the year 2005, the petitioners came to learn that the Respondent No. 4 has fraudulently obtained some order relating to the Nokmaship of the said Akhing from the office of the Respondent Garo Hills Autonomous District Council, the Petitioners approached the Office of the Garo Hills Autonomous District Council to obtain the said order and was shocked to learn that an order dated 06.02.1999, declaring the Respondent No. 4 and his wife Smti Sarilla Sangma as Nokma was obtained by the Respondents. Subsequently, the Petitioners filed a petition before the court of Executive Member I/C, Revenue, G.D.C, Tura praying for cancellation of the names of the Respondents from the genealogical tree, which was allowed in favour of the Petitioners and further the Petitioners were allowed to run the Office of the Nokmaship of the said clan. Being aggrieved by the aforesaid order dated: 22.03.2010 passed by the Executive Member, I/C, Revenue, the Respondent No. 4 filed an appeal, which was decided in favour of the Appellant (Respondent No. 4 in this instant Writ), without observing the principles of Natural Justice vide order dated: 04.06.2013 passed in GDC/REV – 15 (A/C) 2011 by the Respondent No. 2, C.E.M, Tura. The Petitioners being aggrieved by the same preferred this instant Writ Petition”. 2. Mr. R. Kar, learned counsel moved the petition on behalf of the petitioners, who submits that, the respondent No. 4 has fraudulently obtained some order relating to the Nokmaship of the said Akhing from the office of the Respondent Garo Hills Autonomous District Council. The learned counsel further contended that the petitioner was very much alive, but the court was convinced by the respondent No. 4 that she has already died. Therefore, he prayed that necessary order may be passed for the interest of justice. The learned counsel also relied on the Annexure-II (A) at page 15 vide order dated 06.02.1999 passed by the Executive Member, I/C, Revenue, Garo Hills Autonomous District Council, Tura. 3. In reply Mr. Therefore, he prayed that necessary order may be passed for the interest of justice. The learned counsel also relied on the Annexure-II (A) at page 15 vide order dated 06.02.1999 passed by the Executive Member, I/C, Revenue, Garo Hills Autonomous District Council, Tura. 3. In reply Mr. S. Dey, learned counsel for the GHADC submits that, the petition is barred by res judicata as the impugned order dated 06.02.1999 has never been challenged nor it was quashed for the last so many years. 4. On the other hand, Mr. H.L. Shangreiso, learned counsel for the respondent No. 4 denied the allegation and submitted that the order has never been obtained in a fraudulent manner. So, there is nothing wrong with the order dated 06.02.1999. 5. After hearing the rival submissions advanced by the learned counsel for the parties and after going through the record before me especially the order dated 06.02.1999, I am of the opinion that, it is a fit case which can be remand back to the learned Executive Member, I/C, Revenue, Garo Hills Autonomous District Council, Tura to hear all the parties including the petitioners and then to pass necessary order in accordance with laws and rules. Accordingly, the impugned orders dated 06.02.1999 and 22.03.2010 passed by the learned Executive Member, I/C, Revenue, Garo Hills Autonomous District Council, Tura as well as the impugned order dated 04.06.2013 passed by the learned Chief Executive Member, Garo Hills Autonomous District Council, Tura are hereby set aside. 6. The Registry is directed to send the case record to the GHADC, Tura alongwith a copy of this order and the GHADC, Tura is further directed to dispose of the matter expeditiously as far as possible. 7. With this observation and direction, the matter stands disposed of.