PERSHAYA GIL TARIANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Smt. Pershaya Gill Tariang challenging the order dated 10.07.2019 which reads as under:

(2.) The contention of the learned counsel for the petitioner is that the order impugned has been passed at the instance of respondent No. 4 who had earlier approached this Court in WP(C) No. 78 of 2013 with a prayer that a writ of mandamus be issued directing the State of Meghalaya to demarcate the disputed footpath in plot No. KT/Q (388) in Kench's Trace, Shillong. In that writ petition a prayer was also made that respondents No. 3 and 4 i.e., Additional Deputy Commissioner (Rev.), East Khasi Hills District, Shillong and Additional Director of Surveys, Govt. of Meghalaya, Lower Lachumiere, Shillong be directed to restore the possession of the footpath leading to the property of the petitioner which was alleged to have been encroached by respondent No. 5 Smt. Pershaya Gill Tariang (writ petitioner herein). This Court declined to entertain the writ petition with liberty to the writ petitioner to seek remedy before the appropriate civil court however, directed the Additional Director of Surveys to demarcate the land after notice to all concerned parties within three months in accordance with the provisions of the Assam Land and Revenue Regulation, 1886. Learned counsel for the petitioner further submitted that the Deputy Commissioner (Rev.), East Khasi Hills District, Shillong by the impugned order could not have directed the parties to maintain status quo and easement right by either party by constructing fence or wall.

(3.) Learned Addl. AG has cited the Meghalaya Land and Revenue Regulation 1984 and submitted that the petitioner has remedy of appeal against the order of the Deputy Commissioner before the Board of Revenue under Section 147(a) of the Meghalaya Land and Revenue Regulation 1984.