STATE OF MEGHALAYA Vs. ALBERT STEVEN DIENGDOH

JUDGEMENT

(1.) This is an application under Sec. 115 read with Sec. 151 of the Code of Civil Procedure, 1908 preferred by the Petitioner/State of Meghalaya in the Department of Mining and Geology, Shillong directed against an order dtd. 12/6/2023 passed by the Assistant Deputy Commissioner (Judicial) (Sic Assistant to the Deputy Commissioner), South West Khasi Hills District, Mawkyrwat, whereby leave under Sec. 80 (2) CPC was granted to the respondent No. 1/Plaintiff to institute a Title Suit against the Government without serving any Notice upon it as required by sub-sec. 1 of Sec. 80 CPC.

(2.) Heard Mr. S. Sahay, learned GA who has, at the outset led this Court to the provision of sub-sec. 2 of Sec. 80 CPC and has submitted that the requirement of the provision is that the court must assess from the plaint that there are adequate grounds to disclose an urgency that if a notice of sixty days is issued to the Government, then the subject matter of the suit may become infructuous or that there may occur grave and irreparable harm to the plaintiff. However, if the court is satisfied, after hearing the parties that no urgent or immediate relief need to be granted in the suit, the plaint is returned to the plaintiff to present the same after complying with the provision of sub-sec. (1), which is to wait for the completion of sixty days before filing the suit.

(3.) In the plaint, the prayer at (vi) therein would indicate that the plaintiff/respondent No. 1 has sought for a permanent injunction against the Government authorities restraining it from processing any application filed by the private defendant/respondent No. 2 herein for mining lease over the suit land.