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Judgment
Heard Mr. H.R. Nath, learned counsel for the petitioners as well as Mr. S. Dey, learned SC, GHADC for the respondent No. 1 and Mr. R.
Kar, learned counsel for the respondents No. 2-5.
The brief fact of the petitioner''s case in a nutshell is that:
The Petitioners are in the GT of the Damagiri Akhing vide Order dated 22.12.2008 passed by the Executive member. The
Respondents are claiming the Registered Nokmas of Dambagiri Akhing and the direct lineage of the first Registered Nokma (female)
registered in the year 1944. The names of the Petitioners have been recorded in the title of Nokmaship without having any support
from the Mahari people.
However, the Chief Executive Member vide its (impugned) order dated 15.03.2010 cancelled the Nokmaship of the Petitioner
without considering the heirship, lineage and supportive consent of the Maharies and setting aside the Order dated 05.03.1944
passed by the then Deputy Commissioner, Garo Hills District. Hence, this Petition.
The learned counsel for the petitioners submits that, in this instant case, while adjudicating the matter by the Executive Member, Garo Hills
Autonomous District Council, Tura as well as the Chief Executive Member, Garo Hills Autonomous District Council, Tura came to a blank
conclusion and decided the ''Nokmaship'' in favour of the respondents No. 2 and 3 without taking any evidence and framing of issues, as such the
impugned order dated 22.12.2008 passed by the Executive Member, I/C Land and Revenue, Garo Hills Autonomous District Council, Tura and
the impugned order dated 15.03.2010 passed by the Chief Executive Member, Garo Hills Autonomous District Council, Tura are bad both in law
as well as in fact. So, necessary directions may be issued.
The learned SC, GHADC for the respondent No. 1 also agreed that, while deciding the matter, no evidence was taken nor issues were framed.
After hearing the submissions advanced by the learned counsel for the parties, I feel that it is a fit case to remand back to the Executive
Member, I/C Land and Revenue, Garo Hills Autonomous District Council, Tura to try the case afresh, because there is a claim and counter claim
between the two parties. Accordingly, the instant matter is remand back to the Executive Member, I/C Land and Revenue, Garo Hills
Autonomous District Council, Tura to adjudicate the matter as early as possible. Hence, the impugned order 22.12.2008 passed by the Executive
Member, I/C Land and Revenue, Garo Hills Autonomous District Council, Tura and the impugned order dated 15.03.2010 passed by the Chief
Executive Member, Garo Hills Autonomous District Council, Tura are hereby set aside. The Executive Member, I/C Land and Revenue, Garo
Hills Autonomous District Council, Tura and the Chief Executive Member, Garo Hills Autonomous District Council, Tura are further directed that,
before adjudicating the matter, they should take the evidence and frame the issues after giving full opportunity to both the parties. In the meantime,
the Secretary, Garo Hills Autonomous District Council, Tura is hereby directed to look after the property in question and should not allow anyone
to alienate the property till the matter is adjudicated by the Garo Hills Autonomous District Council, Tura.
The Registry is directed to furnish a copy of this judgment and order to the Secretary, Garo Hills Autonomous District Council, Tura and also to
furnish a copy of this judgment and order free of costs to the learned counsel for the GHADC.
With this observation and direction the writ petition stands disposed of.
No order as to costs.