JENGME SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The two instant writ appeals are being taken up together for consideration; being similar in nature and arising out of a common judgment and order dated 10th September, 2012, passed by a learned Single Judge of the erstwhile jurisdictional High Court (i.e. the Gauhati High Court). Another writ appeal, being WA No. 6 of 2013, which had arisen from this same judgment and order i.e. 10th September, 2012, had been segregated earlier and taken up for consideration separately, by this Bench and disposed of by a judgment and order dated 01st April, 2021, since, on examination, it was discovered that the proceedings therein were neither wholly identical nor similar in nature with the present two writ appeals, i.e. WA No. 35 of 2012 and WA No. 36 of 2012.

(2.) Before proceeding to discuss the merits of the two appeals, it is pertinent to note that in the batch of three writ petitions, which were disposed of by a learned Single Judge by a common judgment and order dated 10th September, 2012; WP(C) No. 353 (SH) of 2009 was allowed and WP (C) No. 250 (SH) of 2009 and WP (C) No. 251 (SH) of 2009 were dismissed. The appeals arising from the two writ petitions which were dismissed are now being taken up for consideration by this Court.

(3.) In Writ Appeal No. 35 of 2012, arising out of WP(C) No. 250 (SH) of 2009, the appellant, as Nokma of Bangonggiri Akhing, had instituted the said writ petition for restoration of the land allegedly encroached by the State respondents based on the report submitted by the Mouzadar of the Garo Hills Autonomous District Council coupled with a request made by the Executive Member, i/c Land Revenue, GHADC, dated 25.11.2008., in this regard. This writ petition, by the impugned common judgment, came to be dismissed by the learned Single Judge on the ground that the matter involved disputed questions of fact.