UMPYRCHIN Vs. JAINTIA HILLS AUTONOMOUS

JUDGEMENT

(1.) THIS Writ Appeal is directed against the Judgment & Order dated 4.02.11 passed by the learned Single Judge in WP(C) No. 403 of 2005 wherein the learned Single Judge declined to interfere with the Judgment & Order of the Chief Executive Member, Jaintia Hills Autonomous District Council, Jowai dated 16.06.05 passed in Pol. Appeal Case No. 1 of 2004 for the reason that that there is a serious disputed question of facts.

(2.) HEARD Mr. L Lyngdoh, the learned counsel appearing for the appellant/writ petitioner. Also heard Mr. HS Thangkhiew, the learned senior counsel assisted by Mr. PN Nongbri, the learned counsel for the respondent No. 1 & 2, Mr. ND Chullai, the learned Senior GA assisted by Mr. KP Bhattacharjee, the learned GA for the respondent No. 6 & 7 as well as Mr. L Khyriem, the learned counsel for the respondent No. 4.

(3.) IT is the case of the appellant/writ petitioner in the writ petition that the village Ampyrshiang is an independent village situated outside the Narpuh Reserved Forest. The name of the appellant/writ petitioner's village Ampyrshiang is included in the extended constituencies by the Constitution of the Jaintia Hills Autonomous District Council (Amendment) Rules, 1983. It appears from the submission of the learned counsel for the appellant/writ petitioner and the impugned Judgment & Order of the Chief Executive Member, Jaintia Hills Autonomous District Council, Jowai dated 16.06.05 passed in Pol. Appeal Case No. 1 of 2004, that the appellant/writ petitioner's village has already been included in the Assam and Meghalaya Autonomous District (Constitution of District Councils) Rules, 1951 vide the Constitution of the Jaintia Hills Autonomous District Council (Amendment) Rules, 1983.