LAWS(MEGH)-2014-9-29

HARENI MARAK Vs. THE GARO HILLS AUTONOMOUS

Decided On September 24, 2014
Hareni Marak Appellant
V/S
Garo Hills Autonomous Respondents

JUDGEMENT

(1.) HEARD Mr. A.S. Siddique, learned counsel appearing for the petitioners and Mr. S. Dey, learned counsel appearing for the respondents No. 1, 2 and 3 as well as Ms. Q.B. Lamare, learned counsel appearing for the respondents No. 4, 5 and 6.

(2.) BY this writ petition, the petitioner is assailing the order of the Chief Executive Member, Garo Hills Autonomous District Council, Tura (In Short GHADC) dated 18.04.2011 passed in GDC -Rev/Appeal No. 11 A/C of 2008 only on the ground that the Chief Executive Member, GHADC did not give the opportunity of hearing before passing the impugned order in an appeal i.e. GDC -Rev/Appeal No. 11 A/C of 2008 filed against the petitioners.

(3.) AFTER passing of the said order dated 22.03.1995 by the Executive Member I/C Revenue, GHADC, Tura on compromise, the private respondents again approached the Executive Member, GHADC for assailing the order dated 22.03.1995 on the ground that the compromise between the parties cannot be treated as a compromise and also for declaring the private respondents as the Nokmas of Rongma Kakija Akhing. The Executive Member, GHADC passed an order dated 18.11.2004 in GDC -Rev. No. 39 A/C of 2004 -2005 that the earlier order dated 22.03.1995 shall remain intact and a copy of the order dated 18.11.2004 is annexed at Annexure -III A to the writ petition and reads as follows: