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2019 DIGILAW 30 (MEG)

Bernard N. Marak v. State Of Meghalaya

2019-02-18

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : Mohammad Yaqoob Mir, J. By medium of this petition petitioner seeks to declare Garo Hills District (Transfer of Land) Act, 1955 as void, ultra-vires, illegal and unconstitutional. Furthermore, to command Garo Hills Autonomous District Council not to exercise power relating to transfer and settlement of land by issuance of Patta and further to nullify the Act of creation or reorganization of non hill mauza i.e. X, X-1 etc by the Garo Hills Autonomous District Council (for short GHADC) for want of such power under the provision of Sixth Schedule. 2. Learned counsel for the respondent No.3 submits that this petition is not worth to be entertained because the petitioner has no locus while referring to para-1 of the petition has highlighted that the petitioner, in effect, has claimed to have been appointed as Nokma/Headman of Tura Town area by Akhing Nokma of Danakgre Smti. Enilla Ch. Marak and otherwise also is entitled to all the rights and privileges as guaranteed by the Constitution of India and the laws framed there-under being a citizen of this country. 3. Learned counsel for the petitioner was pointedly asked to show any rule/regulation or any customary precedent authorizing Smti. Enilla Ch. Marak to appoint the petitioner as Nokma when the petitioner admittedly is neither husband of Smti. Enilla Ch. Marak nor is anyway connected so as to get the status of Nokma, he could not answer the same. However, he has stated that even otherwise being a citizen of India is entitled to the rights and privileges guaranteed by the Constitution which cannot be denied but the question is as to which of his right guaranteed by the Constitution are getting infringed by the Garo Hills District (Transfer of Land) Act, 1955. Again he was pointedly asked to show from the averments of his petition how any of his rights or privileges are getting violated, he simply said that the Act operates harshly but could not show as to how his personal right and interest are getting jeopardized. 4. It appears that this petition has been filed with some design so as to take some benefits vis--vis the documents which are stated to have been executed by Smti. Enilla Ch. Marak in favour of the petitioner. 5. Petition in its present form for the stated reasons is not maintainable for want of locus. 4. It appears that this petition has been filed with some design so as to take some benefits vis--vis the documents which are stated to have been executed by Smti. Enilla Ch. Marak in favour of the petitioner. 5. Petition in its present form for the stated reasons is not maintainable for want of locus. That being so, we leave it open to the petitioner to have recourse to such permissible legal measures as shall be otherwise available to him regarding the documents stated to have been executed in his favour by Smti. Enilla Ch. Marak. Dismissal of this petition for want of locus shall be without prejudice to his personal rights or otherwise for resorting to available, permissible and remedial measures. 6. Writ petition is accordingly dismissed.