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2021 Supreme(Megh) 71

H. S. THANGKHIEW
Noorjahan Marwein – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Mr. K. Ch. Gautam, Advocate, for the Petitioner; Mr. R. Gurung, GA with Mr. A.H. Kharwanlang, GA, for the Respondent Nos. 1 & 2; Mr. P.N. Nongbri, Advocate, for the Respondent Nos. 3 & 4

JUDGMENT

1. This application under Article 227, has been filed challenging the order dated 04.07.2018 passed by the Meghalaya Board of Revenue, Shillong in Revenue Appeal No. MBR/RA/3/2013, whereby it has been held that the Appeal filed by the respondent No. 3 is maintainable under Section 8 of the Meghalaya Public Premises (Eviction of Unauthorised Occupants) Act, 1980 (hereinafter referred to as ‘The Act’). The main ground as set out by the petitioner to substantiate her case is that, as the petitioner was not found to be an unauthorised occupant by the Revenue Authority, that is the Additional Deputy Commissioner (Revenue) by order dated 21.06.2013, the said order had attained finality in terms of Section 9 of the Act. Further point that has been raised is that, an appeal would lie only in respect of an order of eviction passed under Section 4 of the Act or an order under Section 6 of the Act. It is contended therefore by the petitioner that, since the order appealed against by the respondent before the Court of Revenue is not against an order of eviction, such appeal is not provided in law and as such, the impugned order is beyond the jurisdiction of the Revenue Board and liable

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