DHAN BAHADUR GHORTI Vs. STATE

JUDGEMENT

(1.) THIS is a Criminal Miscellaneous case started on a petition purported to be one under Rule 22 of the Rules for the Administration of Justice and Police in the Garo Hills District against the order of the Deputy Commr., Garo Hills, dated 5 -10 -1951, directing the petitioner Dhan Bahadur Ghorti to leave Damalgiri Akhing (the village within the jurisdiction of Nokhmas) by 15 -11 -1951.

(2.) THE learned Deputy Commissioner of Garo Hills started the proceeding numbered Misc. Case No. 170/51 on the application of some 33 persons many of whom came from the village of Damalgiri including the Nokhma thereof. These persons stated in the petition before the Deputy Commissioner that Dhan Bahadur Ghorti was a man of undesirable character and as such his stay in the locality was a sort of nuisance to the people there. The learned Deputy Commissioner directed a notice to be issued on Dhan Bahadur Ghorti to show cause why he should not be asked to vacate Damalgiri within a reasonable time. Dhan Bahadur did show cause and stated therein that the allegations against him were not true but that he was a money -lender and most of the persons who moved against him were his debtors. He, however, expressed willingness to leave the village if his dues were paid. The Deputy Commissioner after hearing both the parties and referring to old documents traceable in his Court and examining some persons found that Dhan Bahadur's 'gallant activities' had become a terror and nuisance to the simple Garo people of the locality. On this basis he directed that Dhan Bahadur should leave the Damalgiri Akhing within the course of about 40 days.

(3.) MR . Sen appearing for the petitioner submits that this application can be treated as one under Article 226, of the Constitution of India as there has been a mention of this article in the petition.