KOLAMI SANGMA Vs. STATE OF MEGHALAYA AND OTHERS

JUDGEMENT

(1.) The controversy in this writ petition relates to Nokmaship of the Akhingland No. 1 -1(5) of Nawa Raoncheng Akhing. The petitioner claim himself to be the lawful heir late Rama Sangma and his wife late Rotdi Manak Meehik, who were originally the Nokmas of the said Akhing. According to the petitioner they were compelled to leave the village along with other villagers because of the epidemic and during their absence Respondents No. 2 and 3 were appointed as Nokma of Nawn Roacheng Akhing and recorded their name accordingly.

(2.) The petitioner has annexed an Order dated 3.12.66 passed by the Executive Member i/c. Revenue etc of Garo Hills District Council. The said Order reads as follows:-

(3.) Mr. P. Talukdar, learned Counsel appearing for the petitioner, submits that the right of the petitioner to continue as the Nokma of the Akhing land has been taken away in a most arbitrary fashion without giving any opportunity to the petitioner. According to Mr. Talukdar it has not only affected the right of the petitioner No. 1 and 2 but also as a result jeoparadised the rights of the Maharis, and, therefore, the authorities before passing the impugned Order was duty bound to take the petitioners as well as the Maharis into confidence. Mr. R. Kar, learned Counsel, assisted by Mr. W.C. Sangma appearing for Respondent No. 2 and 3 submits, on the other hand, that no illegality and impropriety has been committed by the authorities requiring interference from this Court............ According to Mr. Kar the authorities duly considered the case of the petitioner viz a viz the case of the respondents and on fair consideration of the respective cases, the authority arrived on its' own decision in conformity with the law and in the absence of any infirmity in the decision making process this Court should loath intervene in this matter, and, therefore, it should dismiss the same.