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2024 DAILYLAW 93 (MEG)

HIRA RAY AND 19 ORS. v. THE STATE OF MEGHALAYA AND 2 ORS.

WP(C)/32/2024 · 2026-07-01

H S Thangkhiew

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Serial No.22 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 32 of 2024 Date of Decision: 01.07.2026 1. Shri Hira Ray S/o Ramsovit Ray R/o Maxwelton Compound, Rilbong, Shillong East Khasi Hills District Meghalaya 2. Naresh Ray S/o Ramsovit Ray 3. Ganesh Ray S/o Ramsovit Ray 4. Suresh Singh S/o Rampukar Singh 5. Birender Ray S/o P. Ray 6. Papu Rai S/o Gasdis Rai 7. Upender Roy S/o Penchi Roy 8. Satinder Ray S/o Penchi Roy 9. Depan Roy S/o Devanand Ray 2026:MLHC:653 2 10. Suresh Rai S/o Bhagvat Rai 11. Bikash Rai S/o Arjun Rai 12. Jamagal Rai S/o Nanipath Rai 13. Shivnath Rai S/o Jaynarayan Rai 14. Ramadhar Rai S/o Ganor Rai 15. Joginder Rai S/o Debnarayan Rai 16. Sitaram Rai S/o Bahadur Rai 17. Sarmila Debi S/o Panchilal Rai 18. Harinder Rai S/o Bindeshwar Rai All residents of Maxwelton Estate, Rilbong, Shillong. ………. Petitioners -Versus- 1. The State of Meghalaya Represented by its Secretary Home Police Department, Govt. of Meghalaya, Shillong 2. The Superintendent of Police, East Khasi Hills District, Shillong, Meghalaya. 2026:MLHC:653 3 3. Officer-in-Charge Laban Police Station, East Khasi Hills District, Shillong …. Respondents Coram: Hon’ble Mr. Justice H.S.Thangkhiew, Judge Appearance: For the Petitioner/Applicant(s) : Ms. R.Dutta, Adv. For the Respondent(s) : Mr. N.D.Chullai, AAG with Mr. E.R.Chyne, GA i) Whether approved for reporting in Yes/No Law journals etc: ii) Whether approved for publication Yes/No in press: JUDGMENT AND ORDER (ORAL) 1. The writ petitioners had approached this Court with the following prayer: “In the premises aforesaid it is most humbly prayed that Your Lordships may be pleased to admit this petition, call for the records, issue Rule calling upon the Respondents to show cause as to why a writ of mandamus not issue directing the Respondents to withdraw/recall and or forbear from 2026:MLHC:653 4 summoning/ calling the Petitioners and their families unless absolutely necessary for any just and valid ground as per law and further restrain the Respondents from threatening, harassing and coercing the Petitioners in any manner whatsoever and further direct the Respondents to provide appropriate protection to the Petitioners against unlawful/ illegal actions against them and on cause or causes being shown and after hearing the parties be pleased to make the Rule absolute and/or may pass such further order/orders as Your Lordships may deem fit and proper.” 2. This Court thereafter, by order dated 23-02-2024, had issued the following directions which are reproduced hereinbelow: “HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 32 of 2024 Date of Order: 23.02.2024 Shri. Hira Ray & 17 Ors. Vs. State of Meghalaya & Ors. Coram: Hon’ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner/Appellant(s) : Mr. K. Paul, Sr. Adv. with Mr. S. Chanda, Adv. For the Respondent(s) :Mr. S. Sengupta, Addl. Sr. GA. 2026:MLHC:653 5 i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No 1. Heard Mr. K. Paul, learned Senior counsel assisted by Mr. S. Chanda, learned counsel for the petitioners. 2. Issue notice. 3. Mr. S. Sengupta, learned Addl. Sr. GA is present and accepts notice on behalf of all the respondents. 4. The petitioners 18 in number are stated to be residents of Maxwelton Estate, Shillong in Rilbong, and the grievance as put forward by this writ petition is that after a newspaper report dated 14.02.2024, was published in a leading daily concerning the occupants in the said property, the petitioners have since been harassed by the police authorities, without any due process of law being followed. 5. It has been submitted by the learned Senior counsel for the petitioners that the residents have been called at odd hours to report to Laban, Police Station, and are being questioned without there even being a case or proceeding registered. At this stage, he prays that directions be issued that 2026:MLHC:653 6 the petitioners not be harassed, and if any action taken should be in accordance with law. 6. Mr. S. Sengupta, learned Addl. Senior GA for the respondents prays that he may be allowed to obtain instructions, as to whether the situation is as portrayed by the petitioners. 7. Accordingly, list this matter on 28th February, 2024 to enable the learned Addl. Senior GA to obtain instructions. 8. However, it is directed that in the meantime that any action taken by the authorities concerned, should be as per law and by following due process, and as it has been submitted that other pressure groups also have been issuing statements and demanding their eviction, it is expected that the respondents will ensure that no untoward incidents occur in the said property. 9. List accordingly.” 3. The said order has continued and the State authorities had also caused an inspection, and documents and records had been filed before this Court by way of an affidavit as to who is in occupation of the land in question. As it is reported today that there are no incidents of intimidation or undue harassment to the petitioners, the instant petition has lost its force and as 2026:MLHC:653 7 such, is accordingly closed. However, the petitioner is given liberty to approach this Court again if further cause of action arises. 4. Matter accordingly stands disposed of. Judge 2026:MLHC:653 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2026.07.01 18:24:38 IST