Tinlianthang Vaiphei, J.

1. Both the writ petition and criminal petition virtually involving the same parties and are inter-connected on material facts were taken up together for hearing and are now being disposed of by a common judgment.

2. Coming to the facts of the writ petition first, the case of the petitioner is that he had purchased a plot of land situate at Mawrie-Madan ling Syiem, Mylliem Syiemship, East Khasi Hills District from one P. Kurkalang by the registered sale deed dated 27.3.2006 and also obtained permission from the Deputy Commissioner, East Khasi Hills District on 29.11.2006 for setting up a petrol pump thereon. Thereafter, he obtained permission from the Revenue Department for leasing the said land in favour of Hindustan Petroleum Corporation Ltd. vide the notification dated 5.3.2007 whereafter the lease deed dated 27.4.2008 was executed by him in favour of the Corporation. He had earlier obtained no-objection certificate (NOC) dated 20.2.2006 from the respondent No. 6, who is the Headman of Madan ling Syiem, for setting up the petrol pump as he was under the impression that the plot in question fell within his village. But when he started construction of the petrol pump, the respondent No. 5, who is the Headman of Mawrie village, lodged a verbal complaint before the Mawngap Police Station, which prompted the Executive Magistrate to register C.R. Case No. 21(A) of 2007 and passed the order dated 26.6.2007 drawing up proceedings under Section 107/145(1) of the Code of Criminal Procedure. The In-Charge, Mawngap Police Outpost had, however, reported that the dispute was purely a dispute of civil nature and pertained to a boundary dispute between the villages of the respondent Nos. 5 and 6. In the meantime, the petitioner, as a matter of abundant caution, also approached and obtained another NOC from the respondent No. 5 on 23.6.2007 for setting up the petrol pump. While the construction of the petrol pump was going on the said plot, the respondent No. 7, claiming to be the clan elder of Kurkalang Kseh clan, instituted Title Suit No. 6 of 2007 against the petitioner before the Subordinate District Council Court for declaration of title, etc. In the connected Misc. Case No. 6 of 2007 filed by the respondent No. 7, the trial court by the order dated 6.8.2007 granted an interim injunction against the petitioner. The matter was taken in appeal by the petitioner before the learned Additional Judge, District Council Court in M.C.A. No. 2 of 2007. Ultimately, in Civil Revision No. 50 (SH) of 2007, this Court by the order dated 24.8.2007 remanded the appeal to the appellate court for re-hearing, and the appellate court thereafter remanded the case to the trial court for re-hearing of the injunction matter. The respondent No. 7, however, withdrew the suit on 24.9.2007.

3. It is also the case of the petitioner that the respondent No. 7 in the meantime abruptly issued the letter dated 16.8.2007 revoking the NOC for setting up the petrol pump granted to him earlier on the purported ground that T.S. No. 6 of 2007 and M.C. No. 6 of 2007 filed by the elders of Kurkalang Kseh clan against him were pending before the District Council Court and he did not want to get involved in court cases. It is alleged by the petitioner that the respondent No. 5 and the respondent No. 7 thereafter lodged another complaint with the Officer-in-Charge, Mawngap Police Station alleging that the respondent No. 6 had erected a Notice Board in the disputed land and trespassed on his land including of the disputed plot. Based upon the police report, the learned Executive Magistrate drew up proceedings under Sections 107 / 145, Cr. PC in connection with C.R. Case No. 28(A) of 2007. It may be noted here that the police in their report had stated that the dispute was purely a civil dispute and pertained to boundary dispute between the two villages but they nevertheless pointed out that the dispute could occasion breach of the peace as the situatio