THWINGLAND LYNGKHOI Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) THIS intra -court appeal is directed against the judgment and order of the learned Single Judge dated 04.07.2012 dismissing the writ petition i.e. WP(C)No.402(SH)2010 filed against the cryptic order dated 12.07.2010 passed by the Executive Member, Executive Committee, Khasi Hills Autonomous District Council (for short 'KHADC '), Shillong in Misc. Case No.3/2010. The only reason in the judgment and order of the learned Single Judge dated 04.07.2012 for dismissing the writ petition is that the High Court while exercising powers and jurisdiction under Article 226 is not sitting as Court of appeal against the decision of the Executive Committee of the District Council i.e. the order dated 12.07.2010. For easy reference, the findings of the learned Single Judge in the impugned judgment and order dated 04.07.2012 are quoted hereunder: -

(2.) HEARD Mrs. NG Shylla, learned counsel for the appellant/writ petitioner, Ms. PS Nongbri, learned standing counsel for the KHADC and Mr. GS Massar, learned Sr. Adv. assisted by Mr. JM Thangkhiew, learned counsel appearing for the respondents No.4.

(3.) THE villagers of Mawlum Nginiong village held an urgent village Dorbar on 09.04.2010 and appointed the present appellant/writ petitioner as Sordar of Mawlum Nginiong village as the respondent No.4 claimed himself to be the Sordar of Mawlum Ramkdait village. The villagers of Mawlum Nginiong village also filed a complaint dated 09.04.2010 to the Syiem of Myriaw Syiemship against the respondent No.4, who claimed to be the Sordar of Mawlum Ramkdait village. It is stated that the said complaint dated 09.04.2010 was also signed by 33 (thirty three) heads of the households of Mawlum Nginiong village. The Syiem of Myriaw Syiemship i.e. proforma respondent No.5 on receipt of the complaint dated 09.04.2010, issued the notice dated 19.04.2010 to the appellant/writ petitioner as well as to the respondent No.4 (Shri.Renly Lyngkhoi) for hearing the matter on 24.04.2010. On 24.04.2010, the appellant/writ petitioner and the respondent No.4 and others appeared before the Syiem of Myriaw Syiemship i.e. the proforma respondent No.5, but the respondent No.4 refused to submit his reply to the said notice dated 19.04.2010 asking him to file his show cause or reply statement to the said complaint dated 09.04.2010. On 24.04.2010, the proforma respondent No.5 i.e. the Syiem of Myriaw Syiemship, had conducted the village Dorbar of Mawlum Nginiong village, and the respondent No.4 also participated in the village Dorbar. After appearance before the village Dorbar held on 24.04.2010, the respondent No.4 simply asked for the certified copy of the complaint dated 09.04.2010 so that he could submit his reply to the said complaint dated 09.04.2010 on the future date. Accordingly, the village Dorbar conducted by the proforma respondent No.5 fixed the next date as on 27.04.2010.