JYLLI EWSINGH MARWEIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioners before this Court are the residents of Umsumbah village, Rambrai and Myriaw Syiemship alleging that the Dorbar Shnong of Umsumbah vide the impugned decision dated 14th January, 2014 had arbitrarily excommunicated and excluded the writ petitioners with their family members, including seven other households, from the membership of the village by refusing to issue relevant certificates, preventing them from taking part in the implementation of the schemes under the MGNREGS, and also had deprived them from the other developmental benefits. The further case is that the dispute was amicably resolved between the parties before the respondent BDO in his office on 10th April, 2014, but the BDO entirely diluted the nature of the enquiry/proceedings and in fact revived the disputes that has already been settled. The writ petitioners being aggrieved with the non-settlement of the pending disputes are before this Court by way of the instant writ petition.

(2.) Mr. H.L. Shangreiso, learned counsel for the petitioners at the outset submits that writ petitioners are not pressing the prayer No. 1, inasmuch as, they have since been re-admitted into the Umsumbah village as residents therein, and that the only prayer that remains in this petition is with regard to the revival of their and the other households job cards, and to allow them to work in the implementation of the MGNREG Scheme, 2005. He submits that the writ petitioners have been victimized due to their filing of RTI applications and draws the attention of this Court to Annexure-VI of the writ petition, wherein he submits that the respondent No. 6, in the request to the petitioners to come for settlement had specifically referred to them as RTI applicants. With regard to the non-enclosure of the impugned dorbar resolution, the learned counsel submits that the same could not be annexed due to the fact that a copy of the same was not supplied to them. He therefore, prays that in view of the stated facts and circumstances, there cannot and should be any impediment for the village dorbar to issue job cards and to restore the rights of the petitioners as full fledged residents of Umsumbah Village.

(3.) Ms. S. Bhattachrjee, learned GA for the respondent No. 1 to 5 submits that as it can be seen from the records the disputes had actually even been settled up to the level of Deputy Commissioner and what remains is for the resolution at the village level.