Research › Search › Judgment

High Court of Meghalaya · body

2025 DAILYLAW 795 (MEG)

Monjak Ali v. G.H.A.D.C AND 6 ORS

WP(C)/204/2017 · 2025-05-29

B Bhattacharjee

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 08 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No.204 of 2017 Date of Order: 29.05.2025 Shri. Monjak Ali S/o Shri. Hasi Moynal Hocke R/o Pathorkada Village, P.O. Paham, P.S. Tikrikilla West Garo Hills District, Meghalaya ….. Petitioner -VERSUS- 1. Garo Hills Autonomous District Council, Tura Represented by its Secretary to the Executive Committee, Tura Meghalaya. 2. The Executive Committee, Garo Hills Autonomous District Council, Tura Represented by its Secretary, Tura, Meghalaya. 3. The Chief Executive Member, Garo Hills Autonomous District Council, Tura, Meghalaya. 4. The Executive Member (Rev), Garo Hills Autonomous District Council, Tura, Meghalaya. 5. The Revenue Officer, Garo Hills Autonomous District Council, Tura, Meghalaya. 6. Enquiry Officer, Garo Hills Autonomous District Council, Tura, Meghalaya. 7. Shri. Johirul Islam Sarkar S/o Shri Abdul Kayon, R/o Pathorkatta, P.O. Paham West Garo Hills District, Meghalaya ….. Respondents 2025:MLHC:449 Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Mr. S. Thapa, Adv with Mr. S. Khyriem, Adv For the Respondent(s) : Mr. S.Dey, SC GHADC (R:1-6) Mr. P. Nongbri, Adv (R:7) (ORAL) Heard learned counsels appearing for the parties. By this writ petition, the petitioner has challenged the impugned judgment and order dated 14.02.2017 passed in Revision Petition No.2. of 2016 by the respondent No.3. The prime contention raised by the petitioner is that the respondent No.3 had no authority vested on him to exercise power of revisional jurisdiction and hence, the passing of the impugned judgment and order is nothing but an abuse of process of law. The learned counsels appearing for the respondents do not dispute the contention that the respondent No.3 had no authority to pass the impugned judgment and order by assuming revisional power. In view of the above, the order dated 14.02.2017 passed in Revision Petition No.2. of 2016 by the respondent No.3 i.e. the Chief Executive Member, Garo Hills Autonomous District Council, Tura, is hereby set aside and quashed. However, the respondent No.7 shall have the liberty to seek redressal of his grievance in accordance with law. The writ petition stands allowed in aforesaid terms. Judge Meghalaya 29.05.2025 “Shrity,PS” 2025:MLHC:449 Digitally signed by SHRITY CH MOMIN Date: 2025.05.29 17:07:41 IST