MONJAK ALI Vs. GARO HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed assailing the impugned order dated 14.02.2017 passed by the Chief Executive Member, G.H.A.D.C (Respondent No. 3) in a Revision Petition setting aside order dated 18.01.2016 passed by the Executive Member In-charge Revenue and order dated 18.05.2015 passed by the Revenue Officer G.H.A.D.C.

(2.) The facts as put forth by the writ petitioner is that these proceedings were conducted as per the Assam Land and Revenue Regulations, 1886 which has been adopted by the G.H.A.D.C and known as ‘The Garo Hills Autonomous District (Land and Revenue) Regulation, 1954', wherein no appeal or revision lies before the Chief Executive Member against the order passed by the Executive Member In-charge Revenue, as the same should be filed before a duly constituted Board or Tribunal. As such, the prayer is to set aside the order dated 14.02.2017 as being illegal and without jurisdiction.

(3.) Heard Ms. B. Kharwanlang, learned counsel for the petitioner who submits that the respondent No. 7, who was the Gaonbura of Pathorkatta Village, on complaints being filed against him and on the directions of this Court to conduct a proper enquiry and on the allegations as made found to be correct, was dismissed from the post of Gaonbura of Pathorkatta, by order dated 18.05.2015 passed by the Revenue Officer. Further, learned counsel submits that on dismissal of the respondent No. 7, the petitioner replaced him as the Gaonbura. Thereafter, the learned counsel submits the respondent No. 7 preferred an appeal against the order dated 18.05.2015 passed by the Revenue Officer, before the respondent No. 4/Executive Member In-charge Revenue and the same was registered as G.H.A.D.C Revenue Appeal No. 2 of 2015. The learned Executive Member In-charge Revenue, she submits, by order dated 18.01.2016 dismissed the said appeal and upheld the order dated 18.05.2015 passed by the Enquiry Officer and as such, the writ petitioner continued as the Gaonbura of the said village.