Tinlianthang Vaiphei, J.

1. At the desire of all the learned counsel appearing for the rival parties, this batch of three writ petitions were, for the sake of convenience, jointly heard, and are now being disposed of by this common judgment I shall first deal with WP(C) No. 353(SH) of 2009, which has a chequered history. In this writ petition, the petitioner is the Nokma of Doracha Akhing, East Garo Hills District. The dispute is about the boundary between Depa Doratcha Akhing on the one hand and Chimanagshi Reserve Forest of the Government of Meghalaya on the other. It may be noted that in Misc. Case No. 568 of 1983 arising out of Civil Rule No. 1004 of 1983, wherein the petitioner was one of the parties, on the application filed by the State of Meghalaya against the Executive Member, In-Charge, Revenue, Garo Hills District Council, this Court by the order dated 19.8.1988 passed the following order over the disputed boundary:

Date 19.8.88

ORDER

The dispute in this petition under Article 226 of the Constitution is relatable to the boundary between Depa Doracha Akhing No. 53 and Chimbangshi Reserve Forest As fairly agreed to by learned counsel of all sides we dispose of the application by stating that the aforesaid boundary shall be demarcated by the Deputy Commissioner of the concerned district While doing so the Deputy Commissioner would take the aid would take the aid of such officer(s) he would think necessary to carry out the job in question. This would be done in presence of both the sides. The Garo Hills District Council shall also be associated while undertaking the work.

Till the boundary is demarcated as above, status quo regarding possession of the land as existing today shall be maintained.

Sd/-

S.P. Rajkhowa

Judge

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B.L. Hansaria

Judge

On 9.6.89, this Court in the connected Misc. Case No. 1099/88 passed another related order in the following manner:

9.6.89.

ORDER

The civil rule 1099/83 has been disposed of by this Court on 19.8.88. The Deputy Commissioner has demarcated the Boundary in pursuance of the said order. Now the petitioner prays for handing over physical possession as per the demarcation made on 29.3.89/31.3.89. Heard learned Counsel Mr. S.K. Sen on behalf of the petitioner.

It is directed that the Deputy Commissioner, Williamnagar shall depute an officer to hand over physical possession of the encroach land of which the demarcation has been made on 29th and 31st March 89 under the direction of this Court's order dated 19.8.88.

Let the possession be made over within a period of 3 weeks from the date of receipt of this order.

The Misc. Case is disposed of with the above order. Intimate Deputy Commissioner, Williamnagar.

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S. Haque

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H.K. Serna

Judge.

2. On 18.9.89, yet another order was passed by this Court in the connected Misc. Case No. 1099 of 1988, which reads thus:

Date

18.9.89

ORDER

An order was passed on 18.08.89 to demarcate the boundary between Chinshangshi Reserved Forest and Depa Darocha Akhing No. 53. Sri Sen states that pursuant to this order some demarcation was done on 31.3.1989 and 1.4.89. In support of the submission, the learned counsel has produced a sketch map and also states that the Field Measurement Book would bear his submission. It, however, seems that this demarcation work was undertaken by Assistant Enforcement Inspector and some other officers of the Deputy Commissioner's Officer under the supervision of the Additional Deputy Commissioner. But then the Additional Deputy Commissioner himself is not very satisfied with the aforesaid demarcation work. It has, therefore, become necessary to properly demarcate the aforesaid two lands under the supervision of the Director of Survey, Government of Meghalaya.

Let the Director of Survey, therefore, undertake the work, and if during the course of survey, it would be found that the survey undertaken earlier portrays the correct picture and has been duly undertaken, the Director would survey, otherwise a fresh survey would be done in the presence o