MAHANTA RAGHAV DAS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner has prayed for a writ/ direction on the respondents not to dispossess or evict Narsingh Akhara (thakurbari) and its Mahanta, office bearers and other attendants of the Akhara and the tenants and other occupants residing in the houses constructed by the Akhara from the land measuring 77629 1/4 sq. ft. under its occupation.

(2.) The case of the petitioner is that the aforesaid land was allotted to the Narsingh Akhara by the Siem of Mylliem with the sanction of the Chief Commissioner in the year 1876 for holding religious congregation and worship. For more than 100 years, the petitioner has been in possession of the said land and has constructed a temple with the idols of Jagannathji, Radha-Krishna, Ram, Lakshman, Sita, Hanuman and a Shivalinga and Salagram and the people in general come to the temple for worship. The further case of the petitioner is that in a portion of the land, constructions have been made and let out to different shop keepers who pay rent to the petitioner and out of the said rent, the temple and its idols are maintained. The further case of the petitioner is that the petitioner has been paying rent to the Siem of Mylliem and on 26.4.58, a patta was issued by the said Siem of Mylliem conferring right of occupancy over the said land on the petitioner. A copy of the patta issued by the then Siem of Mylliem Durbar is annexed to the writ petition as Annexure-C. The petitioner has further averred in the writ petition that after the Shillong Municipal Board was constituted, the petitioner has been paying house tax, latrine tax, water tax and lighting tax to the Shillong Municipal Board for the houses constructed on the said land. The receipts granted by the Municipality of Shillong have been annexed as Annexure-D Series. Despite the fact that the petitioner has been in lawful possession of the said land since 1876, a notice dated 28.8.92 was issued by the General Secretary, Durbar, Shnong Qualapatty, Shillong, asking the Head Pandit of Narsingh Akhara to appear at the local Durbar Hall before Executive Committee on 31.8.92 and produce the relevant papers relating to the said temple. Due to various difficulties, the Head Pandit incharge of the said temple could not appear before the Durbar on 31.8.92 and thereafter another notice dated 5.9.92 was issued by the General Secretary, Durbar, Shnong Qualapatty, asking the Head Pandit to appear again on a certain date and if he failed to comply with the notice, the Durbar would take necessary action.

(3.) Ms.K.Yadav, learned counsel for the petitioner contended that the entire purpose of issuing notices to the representative of the petitioner to appear before the" Durbar is to evict the petitioner from the land and this would be evident from the News item in the Shillong Times on 9.9.92, a copy of which has been annexed to the writ petition as Annexure-M. She further contended that the petitioner has been in lawful possession of the land in question for more than 100 years and cannot be said to be an encroacher on the said land and thus, the petitioner can not be evicted from the said land by the respondents.