Tinlianthang Vaiphei, J.

1. The legality of the order dated 5.6.2006 passed by the learned Additional Deputy Commissioner, East Khasi Hills District, Shillong in MCA No. 2(T) of 2003 directing that the stay order passed by him on 7.5.2003 be continued till otherwise decided by a competent court even after his dismissal of the appeal is called into question in this revision petition.

2. Mr. S.C. Shyam, the learned Central Government Counsel appearing for the petitioner and Mr. N.D. Chullai, the learned senior Government Advocate, representing the State of Meghalaya, have been heard at length.

3. The facts material for disposal of the revision petition may be briefly stated at the very outset. The then Imperial Government of a India in the Ministry of Defence was stated to have acquired a plot of land measuring an area of 119.7399 acres at Kench's Trace, Shi Hong in three phases between 1928 and 1939. Though the land was surveyed and demarcated by posting pillars on the boundary, no fencing or barricade was erected thereon. According to the petitioner, taking advantage of this situation, a portion of such land measuring 6.74 acres was encroached upon by the Home Guard Department