Gujeng Marak vs G. H. A. D. C. - 2020 Supreme(Megh) 37

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2020 Supreme(Megh) 37

H.S.THANGKHIEW
Gujeng Marak – Appellant
Versus
G. H. A. D. C. – Respondent

Advocates Appeared:
For the Appellant : S.G. Momin, Adv.
For the Respondents: S. Dey and A.G. Momin, Advs.

ORDER :

H.S. Thangkhiew, J.

1. By means of the instant writ petition the petitioners have assailed the orders dated 20.12.2011 passed by the E.M In-charge Revenue, GHADC and order dated 16.04.2015 passed by the Chief Executive Member, GHADC on the ground that the orders so passed, were without jurisdiction and made in exercise of powers not vested upon them by law. This challenge is based on the premise that the Executive Members are only vested with powers to adjudicate on matters arising from, or relating to any Akhing dispute as per the Garo Hills Autonomous District Council (Social Customs and Usages) Validating Act, 1958, and they do not exercise any other judicial functions pertaining to civil disputes.

2. Heard Ms. S.G. Momin, learned counsel on behalf of the petitioner and Mr. S. Dey, learned counsel on behalf of the respondent No. 1 to 3 and Mr. A.G. Momin, learned counsel on behalf of the respondent No. 4.

3. Ms. S.G. Momin, learned counsel submits that the point of issue in the writ petition is in the exercise of powers by the Executive Member In-charge Revenue of the GHADC in passing an order that amounts to a Money Decree, when no such power has been vested upon them to do

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