LAWS(MEGH)-2024-2-10

PHILAMON MAWRIE Vs. LAITUMKHRAH DORBAR SHNONG

Decided On February 15, 2024
Philamon Mawrie Appellant
V/S
Laitumkhrah Dorbar Shnong Respondents

JUDGEMENT

(1.) The present Writ Appeal has been filed against the interim order dtd. 20/12/2023 of the learned Single Judge wherein, besides holding that as per the last order of the Division Bench, there should be no hindrance to use the ground for public purpose and also permission to be obtained for holding the odd fair, it has been held as under:

(2.) Though the Writ Appeal is directed against the interim order, we are of the view that no purpose would be served in keeping the Writ Petition pending and therefore, in the interest of justice, we have taken up both the Writ Appeal and Writ Petition together so as to give quietus to the issue. Since the Writ Petition is not listed before us today, Registry shall prepare a supplementary list for the purpose of listing the Writ Petition before us today itself.

(3.) The minimum facts that are required for the purpose of understanding the case are that the Writ Petitioner was denied permission by R2 and R3 therein to use Madan Iewrynghep / Suit Property based on a report of the Superintendent of Police, East Khasi Hills District, Meghalaya and therefore, a Writ Petition was filed, in which the afore-stated interim order was obtained, against which, the Appellant, who has been impleaded as a Third Party in the Writ is before this Court, stating that this is the second round of litigation over the usage of the ground and the order dtd. 9/11/2023 passed by the Civil Court has been grossly misinterpreted by the Writ Petitioner so as to obtain the interim order.