KA SIRIAN MARBANIANG Vs. H. COTTON AND ORS.

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India praying for a; writ of mandamus or any other writ of the like nature preventing the respondents from giving effect to or taking advantage of an order passed by the Executive Member, District Council, United Khasi -Jaintia Hills District.

(2.) THE application arises out of a dispute to a plot of land 40' x 8' situated in the Barabazar area of Shillong Municipality. The land in question falls within the area known as the area of the Siem of Mylliem. The case of the petitioner who is a vegetable seller is that the Karabazar market in question is managed by the Siem of Mylliem and that from time immemorial the Barabazar meets twice a week and these days are called Barabazar and Chottabazar days.

(3.) THE second point urged by the learned Counsel is also not without its force. It is admitted in this case that the petitioner was not given any opportunity to be heard before the order in question was passed. The order of the Siem directed that both parties were entitled to sell their articles of the land in question for four days in the week alternately. But the Executive Member sought to deprive the petitioner and other vegetable sellers of their right to sell their commodities on the land in question on the days allotted to them by the order of the Siem and his Durbar. Before such an order could be made, ordinary principles of justice and equity required that the party adversely affected thereby should have been heard or given an opportunity of being heard in the matter. That not, having been done the order is open to serious exception even on that ground.