SIDDHARTHA CHOUDHURY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Mr. R. Gurung, learned GA for the respondent No. 1-3 in this matter has filed an affidavit challenging the maintainability of the instant writ petition on grounds of availability of alternate relief under Section 147 of the Meghalaya Land and Revenue, 1972.

(2.) Learned GA submits that the instant writ petition is not maintainable as the same is preferred against the order refusing to grant mutation, which was passed by the Additional Deputy Commissioner, East Khasi Hills, Shillong and as such, the recourse is there for the petitioner to file an appeal before the Meghalaya Board of Revenue.

(3.) In reply, Mr. K. Paul, learned counsel for the petitioner submits that this is not a simple case with regard to mutation on grounds as recorded in the rejection order, but the very fact that a similarly situated person who is deriving interest from the same Will has been granted mutation, shows that there has been arbitrary action which is discriminatory against the petitioner, and as such he has come before this Court by way of Article 226 of the Constitution of India.