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2010 Supreme(Gau) 626

AMITAVA ROY, H.BARUAH
Meghalaya Commercial Truck Owner and Operators Association – Appellant
Versus
State of Meghalaya – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A. Sharma, S. Sharma and D.K. Mishra, Advs.
For Respondents/Defendant: B.P. Todi and B.B. Narzari, Advs.

JUDGMENT

Amitava Roy, J.

1. The dissenssus bears on the validity or otherwise of the collection of tolls at the check gates set up by the Respondent District Council, the Syiems of the different Elakas located within the West Khasi Hills District of the State of Meghalaya and their lessees. Whereas the Petitioner in WP (C) 2398/2008 and WP (C) 2421/2008 question the authority and power of the Respondent Syiems to do so, the Petitioner in WP (C) 2275/2004, Syiem of Mylleim and his Durbar seek an appropriate writ to restrain the State Respondents from obstructing his/their lessees from collecting such tolls within the Syiemship. Viewing the striking identicalness of the issues to be attended, the related pleadings being minimally at variance, analogous hearing was the consensus and this adjudication would answer the debate.

2. We have heard Mr. A. Sharma, Sr. Advocate assisted by Ms. S. Sharma, Advocate for the Petitioner in WP (C) 2398/ 2008 and WP (C) 2421/2008, Dr. B.P. Todi, learned Additional Advocate General, Government of Meghalaya, Mr. B.B. Narzari, learned Standing Council, Khasi Hills Autonomous District Council and Mr. D.K. Mishra, Sr. Advocate for the Respondent No. 3 in WP









































































































































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