Biplab Kumar Sharma, J.

1. The order that has been put to challenge in this writ Petition is the one dated 18.10.2004, by which the Government of Meghalaya in the Law Department in the name of the Governor has dissolved the particular trust and reconstituted another Board of Trustees. According to the Petitioner, such an action is wholly illegal and not sustainable in law.

2. The basic facts as disclosed in the writ petition are that Late Bhola Nath Borooah, grandfather of the Petitioner was a bachelor. He was an architect in establishing 'Earl Holiday Home' at Shillong, which was earlier known as 'Earl India Sanatorium, which was established in the year 1920.

3. In paragraph 3 of the writ petition, the Petitioner has stated about the contribution to the society made by said Late Bhola Nath Borooah. It was in the early part of 20th century, he felt necessity to provide health care to the tourists, visitors and those persons who need such care. Keeping in mind that object, he had purchased the plot of land measuring 6.72 acres at Police Bazar, Shillong. In 1920, he had constructed two Bungalows thereon, one of which was named as Borooah Cottage and another as B. Borooah Hall. Subsequently, two more Bungalows were constructed in the said plot of land, one of which was named after Rani Avoishree, who had also made contributions towards constructing the subsequent two Bungalows. The other Bungalow was known as Dalia Cottage.

4. Late Borooah created a Board of Trustees with the said immovable properties for the welfare of the needy people of the then undivided Assam. He had executed a deed of trust incorporating the object and purpose, for which the same was created. The Board of Trustees was consisted of persons like Late Kanak Lal Borooah, Rev J.J. Nikols Roy, Hem Chandra Baruah, Sashi Prasad Borooah, Keshab Kanta Borooah, father of the Petitioner etc. Late Keshab Kanta Borooah continued in the said Board of Trustees in the year 1953.

5. According to the Petitioner, after completion of all necessary formalities towards creation of the said dreamed project, Late Borooah with the consent of all trustee members handed over the responsibility of the said trust along with all its immovable properties to the Government of Assam with the understanding that the Board of Trustees would be able to function properly with the aid and advice of the State Government for the welfare of the needy people.

6. The Petitioner has annexed the copy of the deed of trust dated 17.11.1953, which was declared at Shillong by then Government of Assam investing the subject matter of the trust, described in the scheduled thereto. The trust was declared with the following members:

(a) Secretary Judicial, Government of Assam or his successors in office.

(b) Secretary Revenue, Government of Assam or his successors in office.

(c) Shri H.P. Barua.

(d) Shri D.C. Das.

(e) Shri L.P. Changkakoti.

(f) Shri C.L. Barua.

(g) Shri R.P. Borooah.

(h) Shri G.C. Sarma.

(i) Shri S.N. Sikdar.

(j) Shri J.N. Bawri.

(k) Shri R.N. Barua

Secretary Legislative Assembly.

7. Subsequently, a supplementary deed was made on 28.12.1953 with certain modification for smooth functioning of the trust and to carry out the welfare activities of the Earle Sanatorium, in which name the trustee was created. Further, on 26.12.1954, a set of rules was drawn up for its management. Subsequently, the Earle Sanatorium was re-named as Earle Holiday Home.

8. By Annexure-A letter dated 7.12.1987 addressed to the trustee-in-charged of Earle Holiday Home by the Government of Meghalaya, Law Department under the signature of the joint Secretary, the approval of the Government to the election to the Board of Trustee of the 3 trustees as required under Clause 9 of the deed of trust was conveyed. The Petitioner was one of the three trustees named in the letter and he was so inducted vice one Shri P.L. Das, expired.

9. According to the Petitioner, when the trustee incharged did not convene the regular meeting of the Board, he on