SUMARLIN WANKHAR Vs. SECRETARY KHADC

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner has assailed the impugned order dated 15.05.2017 passed by the Registration Authority of the Khasi Hills Autonomous District Council, Shillong under Section 12 of the Khasi Hills Autonomous District (Khasi Social Customs of Lineage) Act, 1997 (hereinafter referred to as the 'Act ') by which the Wankhar title/surname of the petitioner has been withdrawn and cancelled allegedly without issuing any notice, at the back of the petitioner.

(2.) The case of the petitioner is that apart from the violation of the principles of natural justice, the impugned order is also without jurisdiction, inasmuch as, Section 12 of the Act only prescribes for change of surname or 'Kur ' or 'Jait ' and does not empower the Registration Authority to withdraw or cancel the surname of any Khasi Scheduled Tribe. Being highly aggrieved with the order passed by the Registration Authority the writ petitioner is before this Court by means of the instant writ petition seeking quashment of the impugned order dated 15.05.2017.

(3.) Heard Mr. V.K. Jindal, learned senior counsel assisted by Ms. C. Nongkhlaw, learned counsel on behalf of the writ petitioner. Learned counsel submits that the petitioner (Sumarlin Wankhar) was born on 17.07.1980, and her natural parents are Smti Serian Suting and (L) Louis Suting. He submits that the petitioner was introduced when only a few months old, to (L) Lucresia Wankhar and (L) Bido Bell Wankhar who adopted the petitioner and since the time of adoption, the petitioner has been using the surname Wankhar along with her name which was given by the adoptive mother and grandmother. He submits that the surname Wankhar was added in all her School certificates, College certificates and other documents. He further submits that affidavits were then sworn by the mother in 18.09.1996 and by the adoptive mother in 03.01.2001 making the declaration that the petitioner be known as Sumarlin Wankhar. As such, he submits on being adopted, and also with her surname being declared as Wankhar, the writ petitioner for all purposes was considered legally as Sumarlin Wankhar.