Research › Search › Judgment

High Court of Meghalaya · body

2025 DAILYLAW 1233 (MEG)

BRINGLANDING PALIAR v. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL AND 6 ORS.

WP(C)/388/2025 · 2025-09-11

Acting, H S Thangkhiew

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Serial No.03 Supp. List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 388 of 2025 Date of Decision: 11.09.2025 Shri. Bringlanding Paliar, Son of Shri. Karbet Lyngdoh. …Petitioner -Versus- 1. Khasi Hills Autonomous District Council, Shillong represented by the Secretary, Executive Committee, Shillong. 2. Executive Committee, Khasi Hills Autonomous District Council, Shillong. 3. Joint Secretary to the Executive Committee, Khasi Hills Autonomous District Council. 4. The Office of the Syiem of Nobosohphoh, Represented by its Acting Chief, Rangblang Village, Nobosohphoh Syiemship, South West Khasi Hills District, Meghalaya. 5. Shri. Phaiborlin Paliar, Resident of Umdohlun village, Nobosohphoh Syiemship, South West Khasi Hills District, Meghalaya. 6. Shri. Hamlan Paliar, Resident of Umdohlun village, Nobosohphoh Syiemship, South West Khasi Hills District, Meghalaya. 2025:MLHC:824 2 7. Shri. Bresswell Paliar, Resident of Umdohlun village, Nobosohphoh Syiemship, South West Khasi Hills District, Meghalaya. …Respondents Coram: Hon’ble Mr. Justice H.S.Thangkhiew, Chief Justice (Acting) Appearance: For the Petitioner/Applicant(s) : Mr. M.L.Nongpiur, Adv. Ms. A.Ksoo, Adv. For the Respondent(s) : Mr. T.T.Diengdoh, Sr. Adv. with Mr. R.Kharsyad, Adv. for R1-3. Mr. L.Koch, Adv. for R 5. 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 petitioner who is stated to be the Acting Lyngdoh of Paliar Mawkyrda 3 Kpoh Laikynthei of Nobosohphoh Syiemship, is before this Court complaining against the action of the respondents No. 1, 2 & 3, whereby without affording opportunity of hearing to the writ petitioner, by 2025:MLHC:824 3 an order dated 02-09-2025, had stayed an order dated 02-08-2025, which had been passed by the Acting Syiem of Hima Nobosohphoh, wherein the respondent No. 5 had been removed from the post of Acting Lyngdoh. 2. Mr. M.L.Nongpiur, learned counsel for the petitioner has submitted that the District Council respondents by the impugned order dated 02-09- 2025, inspite of a caveat being filed, had proceeded to pass the order on the ground that the same was in violation of the law of natural justice. He submits that the fact that he was not given any opportunity of hearing, though he was occupying the office of Acting Lyngdoh, has also resulted in deprivation of his valuable rights. He therefore, prays that the order be set aside or the matter be remanded back for fresh consideration by the District Council respondents. 3. Mr. T.T.Diengdoh, learned Sr. counsel assisted by Mr. R.Kharsyad, learned counsel on behalf of the respondents No. 1, 2 & 3, has submitted that the filing of a caveat is of no consequence, inasmuch as, the provision for caveat is only applicable to matters before the Civil Courts. He however, also does not seriously object to the suggestion made by the learned counsel for the petitioner, that the matter be examined afresh by the District Council by affording opportunity to the writ petitioner. 2025:MLHC:824 4 4. Mr. L.Koch, learned counsel for the respondent No. 5/Caveator, has also endorsed the submissions made by learned Sr. counsel, and submits that his removal by the Acting Syiem, was also without affording any opportunity of hearing. 5. On hearing the learned counsel for the parties and on examination of the matter, it is seen that the instant issue before this Court is only with regard to the office of Acting Lyngdoh. It is further seen from the submissions and the materials that have been placed, that the main controversy lies in the Political Appeal No. 1 of 2024, which concerns the removal of the full-fledged Lyngdoh and whatever has emerged from the said dispute has resulted in the present controversy. In this view of the matter therefore, without detaining the matter any further before this Court, and dispensing with the necessity of issuance of notice on the remaining respondents No. 4, 6 & 7, this Court deems it fit and proper to remand the matter back to the respondent No. 2, who shall take a considered decision after affording opportunity to all the parties concerned. 6. As the parties are present in Court today, they are put to notice to appear before the Executive Committee on 26-09-2025. The Executive Committee thereafter, shall dispose of the matter in accordance with law, 2025:MLHC:824 5 and until further orders are passed by the Executive Committee, it is ordered that status quo shall be maintained as on today. 7. Accordingly, as ordered above, the writ petition is closed and disposed of. Chief Justice (Acting) 2025:MLHC:824 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2025.09.11 05:57:40 IST