The main legal point established in the judgment is that the provisions of the Act of 1971 and the Amendment Act were not challenged, and the issues regarding their validity were not raised in the writ petition. The court emphasized that the issues regarding the validity of the provisions were not required to be addressed in the writ petition and should have been raised before a Division Bench.

Dinesh Maheshwari, J.

1. This intra-court appeal by the State of Meghalaya through the Under Secretary to the Government of Meghalaya in its Revenue & Disaster Management Department and the Deputy Commissioner, East Khasi Hills District, Shillong is directed against the order dated 31.07.2015 as passed in WP(C) No.143 of 2010 whereby, the learned Single Judge of this Court has declared invalid the provisions contained in the Meghalaya Transfer of Land (Regulation) Act, 1971 [hereafter referred to as 'the Act of 1971'] as amended by the Meghalaya Transfer of Land (Regulation) Amendment Act, 2010 [Act No.11 of 2012 - hereinafter also referred to as 'the Amendment Act'], particularly where a "Will" has also been included in the definition of "transfer" for the purpose of the Act of 1971. In the order impugned, the learned Single Judge has even directed the present appellants 'to take steps' to delete the word "Will" occurring in the statute in question.

2. It could be noticed at the outset that the basic dispute in the matter has been, and is, that of competing claims over the property said to be comprising Plot No.4 at G.C. Phukan's land, Upper New Colony, Laitumkhrah, Shillong, with the private parties (the respondents herein) being the rival claimants of succession. The present appellants, who are otherwise not having any title claim over the property in question, however, chose to take up the litigation by way of the writ petition aforesaid while seeking to question an order dated 20.01.2010, as passed by the Meghalaya Board of Revenue ['the Board'] in an appeal filed by Shri Bimol Deb (since deceased and now represented by his wife Smti. Gauri Deb-respondent No.1 herein) in relation to his prayer for mutation on the basis of a Will executed by the erstwhile owner. The appellants contended before the learned Single Judge that the order so passed by the Board was standing at conflict with Section 3 of the Act of 1971 and that by virtue of its amendment by Act No. 11 of 2012, a 'Will' was also a mode of transfer governed by the Act of 1971. However, the learned Single Judge held invalid the amendment so made and issued the directions aforesaid.

The relevant background aspects:

3. For a proper comprehension of the matter in issue, the relevant background aspects could be taken note of as follows: As noticed, the dispute essentially relates to the rival claims of succession to the property in question. Late Shri Prabhat Chandra Deka was a title holder of the property in question, who had allegedly bequeathed the same to one Shri Indrajit Dutta and to the said Shri Bimol Deb. It appears that Shri Indrajit Dutta did not take any step as regards the property in question until his demise but later on, Shri Bimol Deb filed an application for grant of probate in the Court of Additional Deputy Commissioner, Shillong which was registered as Probate Misc. Case No.2 (T) of 2008. The said Additional Deputy Commissioner, by the order dated 24.02.2009, granted probate in favour of Shri Bimol Deb who, after obtaining the probate, filed an application for mutation of the land in his name (Mutation Case No.51 of 2009).

4. The aforesaid application for mutation was, however, rejected by the Additional Deputy Commissioner (Revenue) by the order dated 07.08.2009, essentially on the ground that in relation to the property in question, Shri Sisir Kr Deka (respondent No.2 herein), son of Shri Prabhat Chandra Deka, had already applied for mutation in the year 1999 and his application was allowed on 12.10.1999 when no one filed any objection thereto. This order dated 07.08.2009 reads as under :

"In The Court Of The Additional Deputy Commissioner

(Revenue), Shillong.

Mutation Case No. 51 Of 2009

Subject - Mutation Application Filed By Shri Bimal Deb

In Respect Of The Land Located At G.C. Phukan's

Land, Upper New Colony, Laitumkhrah, Shillong

Covered By Plot No. 4.

ORDER

Dated : 07.08.2009.

Case Record is put up together with the mutation application filed by