LAWS(MEGH)-2017-2-6

SOHBAR SIRDARSHIP ELAKA Vs. STATE OF MEGHALAYA

Decided On February 07, 2017
SOHBAR SIRDARSHIP ELAKA Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) By way of this writ petition, the petitioner yet again seeks a writ of mandamus that the respondent-State of Meghalaya be directed to share 50% share of the amount of royalty received on excavation of minerals from the land in question. As shall be noticed hereafter, in the past, this Court had repeatedly declined the writ jurisdiction to the same petitioner on the same claim of 50% share of royalty with the specific findings that the petitioner was not entitled to the claimed relief for laches as also for acquiescence. However, undeterred by such decisions, the petitioner has chosen to approach this Court again, this time with the assertion that an alleged fresh cause of action has accrued due to the deemed renewal of mining lease w.e.f. 24.06.2013.

(2.) After having heard the learned counsel for the petitioner as also the learned Senior Government Advocate; and having perused the material placed on record, we have clearly come to the conclusion that this repeat petition on the same cause is nothing but an abuse of the process of Court and deserves to be dismissed with exemplary costs as also with other necessary directions.

(3.) For the order proposed to be passed in this matter, it appears appropriate that the relevant background aspects be taken note of in requisite details. Claim of the petitioner: