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2009 Supreme(Gau) 731

TINLIANTHANG VAIPHEI
Kynremri Lyngdoh – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:H.S. Thangkhiew, L. Khyriem, P. Nongbri, N. Mozika and N.F. Kharshiing, Advocates
For Respondents/Defendant:N.D. Chullai, A. Paul, K. Paul, L. Lyngdoh, D. Thabah and K. Baruah, Advocates

JUDGMENT

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 o

















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