E.R. THANGKHIEW Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The grievance of the writ petitioner is that inspite of the pendency of a civil suit between the petitioner and the respondent No. 6 who is the defendant, there has been illegal and wanton fell of trees within the suit land, that too inspite of injunction orders operating.

(2.) Learned counsel submits that though, the main issue being contested is a Title Suit being T.S. No. 23 of 2005 which is stated to be pending, the manner in which the trees has been cut down by unknown person's within the suit land is alarming and called for appropriate orders from this Court in exercise of powers under Article 226 of the Constitution of India.

(3.) Mr. H. Kharmih, learned GA for the respondent No. 1 and 2 has filed an additional affidavit indicating the status of investigation, inasmuch as an FIR was lodged by the petitioner with regard to the felling of trees. On perusal of the report, indicates that the case has a chequered history inasmuch as, there has been FIR's and counter FIR's filed by the parties in this regard, and it is on record that the petitioner himself had to seek anticipatory bail. The police report also states that the dispute is clearly of civil nature.