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H. S. THANGKHIEW
Kinti Ch. Sangma – Appellant
Versus
Garo Hills Autonomous District Council – Respondent
JUDGMENT
1. This writ petition is presented against the Judgment and Order dated 30.05.2019, passed by the Chief Executive Member, Garo Hills Autonomous District Council in GHADC-REV. Appeal No. 13 A.C. of 2016, setting aside the order dated 28.10.2016, passed by the Executive Member i/c Land Revenue, GHADC, Tura which further directed, for registration of the respondent No. 4 and 5 as Nokmas, of Tochapara II-19 (16) A'khing, and also for correction of the Genealogical Table.
2. This issue as can be seen from the records involves the claim of Nokmaship of Tochapara A'khing, for which the petitioner is the current Nokma. As per the Genealogical chart annexed at Annexure- I, it is seen that Sangchi Sangma Machik and Jebin Marak were the last recorded Nokmas along with Ringgat Marak, who became who became the husband of Sangchi Sangma Machik after the death of Jebin Marak. Thereafter, it appears that the said Ringgat Marak entered into matrimony with one Adim Ch. Sangma, and thereafter with the petitioner i.e. Kinti Ch. Sangma.
3. The claim of the respondent No. 4, stands on the footing that she is the granddaughter of Sanchi Ch. Sangma and daughter of Adim Ch. Sangma, and as such by the
The court upheld the rights of the petitioner for life and allowed the respondent No. 4 to occupy the office of Nokma thereafter, based on the lack of challenge to the consensus order and the materia....
The cancellation of the Nokmaship was found to be ultra vires and beyond jurisdiction, emphasizing the supervisory role of the High Court under Article 226.
The judgment establishes the importance of historical documents and evidence in determining Nokmaship claims, while also emphasizing the jurisdictional validity of historical orders and their relevan....
The central legal point established in the judgment is the requirement for adherence to fundamental principles of judicial procedure, including framing of issues, recording of evidence, and hearing o....
Transfer of Akhing land requires consent from female relatives under Garo customary law.
The main legal point established is the importance of parties having the opportunity to produce evidence and matters being decided in accordance with law.
The jurisdiction of the Tahsildar under the Karnataka Village Offices Abolition Act is limited to specified questions, necessitating civil proceedings for determining complex ownership issues.
The central legal point established in the judgment is the requirement to follow due judicial procedure in land dispute proceedings before the Executive Member and Chief Executive Member.
The duty of the Lower Appellate Court to consider all the issues and evidence before recording its findings, and the rejection of the mutation application by the Judge, District Council Court, in his....
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