NETJAK CH. MARAK Vs. GARO HILLS AUTONOMOUS

JUDGEMENT

(1.) HEARD Mr. A.S. Siddiqui, learned counsel appearing for the petitioner. Also heard Mr. S. Dey, learned counsel appearing for the respondents No. 1 to 3 and also Ms. S.G. Momin, learned counsel appearing for the respondents No. 4, 5 and 6.

(2.) BY this writ petition, the petitioners are assailing the judgment and order dated 21.12.2012 passed by the respondent No. 2 i.e. the Chief Executive Member, Garo Hills Autonomous District Council, West Garo Hills, Tura in GDC Rev./Appl. No. 1 A/C of 2005 for setting aside the order dated 20.11.2004 passed by the Executive Member 1/C Land and Revenue, Garo Hills District Council in District GDC Rev. No. 23 A/C of 2004 -2005 for registration of the name of the petitioners as Nokmaship of Galwanggri A. King, III -31 8) with effect from 30th November, 2004.

(3.) IT is a case of the petitioners that the Noga mechik was the last recorded Nokma of Galwanggri A. King who had died long years back; and she had no female issue to succeed the Nokmaship of Gawlanggre A. King. The Maharis of the clan had decided to adopt Smti Netjak Marak Mechik the younger sister of Lt. Noga Marak to be the successor Nokma of the said A. King according to Garo customary. In these circumstances, the petitioners had approached the Executive Member, Garo Hills District Council by filing the said case i.e. District GDC Rev. No. 23 A/C of 2004 -2005 for registering their names as Nokma of Galwanggri A. King and the learned Executive Member also passed the order dated 20.11.2004 in the said case i.e. District GDC Rev. No. 23 A/C of 2004 -2005 for registering the name of the petitioner as the Nokma of Galwanggre A. King.