BINUPAMA RAJKHOWA Vs. STATE OF MEGHALAYA & OTHERS

JUDGEMENT

(1.) Heard Ms S. Sarma, learned counsel for the petitioner and Dr. BP Todi, learned Addl Advocate General, Meghalaya. The wit petition is filed with the prayer as follows:

(2.) The case of the petitioner is that two plots of land situated as Short Round Road, Polo Hills, Shillong bearing Plot Nos. 10 and 16 were 'allotted' by the then Deputy Commissioner, United Khasi and Jaintia Hills, Shillong to the petitioner's father. According to the petitioner, the area of the property is 9288 square feet bounded on the North by Plot No. 11, on the South by Race Course, on the East by Forest Block and on the West by (1) Sri Dulal Sarma, Plot No. 10. It is also the case of the petitioner that the petitioner's father constructed a house on the said land. On the death of the petitioner's father on 9.6.1970, according to the petitioner, the property was duly mutated in the name of her mother who in turn expired on 31.12.2000. Even according to the petitioner, on 23.3.1976, a patta bearing No. 10 for a period of 10 years w.e.f. 1.4.1968 to 31.3.1978 was given in favour of the petitioner's mother, however only to the extent of 7200 square feet. The petitioner has been agitating for her right over the remaining part of the 9288 square feet over which the petitioner claims her right, the details of which may not be necessary for the present purpose.

(3.) The grievance of the petitioner in the present writ petition is that the respondents are trying to forcibly evict the petitioner from the above mentioned property without following any procedure prescribed by law.