LAWS(GAU)-2012-12-50

ALLAN W. KHARKONGOR Vs. STATE OF MEGHALAYA

Decided On December 20, 2012
Allan W. Kharkongor Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dated 23.3.2011 passed in WP (C) No. 99(SH) of 2010 by which the learned Single Judge had dismissed the writ petition filed by the petitioner for setting aside the permission dated 9.12.2009 granted in favour of the private respondent No. 8, who belongs to a non-tribal community, for transfer of a flat being flat No. S-302 situated at Ferndale Apartments, M.G. Road, Shillong within European Ward of Shillong Municipality contending that such permission for transfer had been granted in violation of Meghalaya Transfer of Land (Regulation) Act, 1971 and Meghalaya Transfer of Land (Regulation) Rules, 1974. Brief facts of the case as may be relevant for consideration by this Court may be stated as follows.

(2.) The present petition has been filed being aggrieved by the aforesaid permission granted on 9.12.2009 for transfer of flat No. S-302 in favour of the respondent No. 8.

(3.) The contention of the writ petitioner is that the said permission granted in favour of the respondent No. 8 is clearly violative of the provisions of Section 3(1) of the Meghalaya Transfer of Land (Regulation) Act, 1971 herein referred to as the "Act of 1971" and rules framed thereunder. Section 3(1) of the aforesaid Act of 1971 is reproduced herein:--