NOORJAHAN MARWEIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This application under Article 227, has been filed challenging the order dated 04.07.2018 passed by the Meghalaya Board of Revenue, Shillong in Revenue Appeal No. MBR/RA/3/2013, whereby it has been held that the Appeal filed by the respondent No. 3 is maintainable under Section 8 of the Meghalaya Public Premises (Eviction of Unauthorised Occupants) Act, 1980 (hereinafter referred to as 'The Act'). The main ground as set out by the petitioner to substantiate her case is that, as the petitioner was not found to be an unauthorised occupant by the Revenue Authority, that is the Additional Deputy Commissioner (Revenue) by order dated 21.06.2013, the said order had attained finality in terms of Section 9 of the Act. Further point that has been raised is that, an appeal would lie only in respect of an order of eviction passed under Section 4 of the Act or an order under Section 6 of the Act. It is contended therefore by the petitioner that, since the order appealed against by the respondent before the Court of Revenue is not against an order of eviction, such appeal is not provided in law and as such, the impugned order is beyond the jurisdiction of the Revenue Board and liable to be declared as such.

(2.) Heard learned counsel for the parties.

(3.) Mr. K. Ch. Gautam, learned counsel for the petitioner submits that the predecessor-in-interest of the petitioner was subjected to proceedings under the Meghalaya Public Premises (Eviction of Unauthorised Occupants) Act, 1980 whereby eviction was sought, under Section 3 of the Act, of a portion of land under her occupation on the ground that the same belonged to the respondent Municipal Board. Learned counsel submits that these proceedings culminated in the order dated 21.06.2013, whereby the Learned Additional Deputy Commissioner Revenue, East Khasi Hills District disposed of the case in favour of the petitioner. He further submitted that an Appeal was then preferred by the respondent under Section 8(1) of the Act, and the petitioner by way of a preliminary objection, challenged the maintainability of the appeal for the reason that a statutory appeal is available only against the orders of the Deputy Commissioner, against orders made under Section 4 or Section 6 of the Act for eviction of a person in unauthorised occupation of public premises and; for order of assessment and payment of arrears of rent payable in respect of public premises.