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2022 Supreme(Megh) 116
HIGH COURT OF MEGHALAYA AT SHILLONG
H.S. Thangkhiew, J.
Rinolis Makhroh & Ors. - Appellants
Versus
State of Meghalaya & Ors. - Respondents
WP(C) No. 175 of 2022
Decided On : 21-10-2022
Ms. S.K. Nongrum, Advocate., for the Petitioner; Mr. N.D. Chullai, AAG with Ms. R. Colney, GA., for the Respondent Nos. 1-6; Mr. K.S. Kharshiing, Adv. vice Mr. C.H. Mawlong, Advocate., for the Respondent Nos. 9 & 10
IMPORTANT POINT
The court has the authority to direct inquiries into social boycott and deprivation of essential services, and can hold responsible parties accountable for their actions.
Headnote:
Social Boycott - Land Dispute - The court directed an inquiry into the social boycott and deprivation of water supply to the petitioners by the village Dorbar. The court also held the Executive Engineer personally responsible if the water issue was not corrected and directed the Superintendent of Police to report on the steps taken regarding the FIR.
Fact of the Case:
The writ petitioners were socially boycotted by the Dorbar and deprived of water supply, leading to the filing of an FIR. The court directed an inquiry into the happenings in the village and received reports indicating the restoration of water supply and the return to normalcy.
Finding of the Court:
The court found that the situation on the ground had returned to normalcy and that there was no longer any need for consideration. The court also warned that any future incidents would be dealt with sternly in accordance with the law.
Issues: Social boycott, deprivation of water supply, land dispute, FIR filing, and restoration of normalcy.
Ratio Decidendi: The court directed an inquiry into the events in the village, held the Executive Engineer personally responsible for the water issue, and warned of stern action for any future incidents.
Final Decision: The writ petition stands closed and disposed of.
JUDGMENT
1. The instant writ application has been filed assailing the Resolution of the Dorbar Shnong Mawtneng, Raij Bhoilasa, Mylliem Syiemship, whereby it has been alleged that the petitioners have been socially boycotted by the Dorbar and the Villages. The writ petitioners have also prayed for restoration of their water supply, and also for investigation and necessary action to be taken on the basis of the FIR filed by them.
2. This Court, on taking up the matter on 13.05.2022, had issued directions for institution of an enquiry into the happenings in the Dorbar Shnong, Mawtneng. A copy of the order for the sake of convenience is reproduced hereinbelow:
13.05.2022
1. The writ petitioners before this Court are residents of Mawtneng Village, Syiemship, Ri-Bhoi District, Meghalaya and are stated to be in possession of land and property known as 'UMKALUN'.
2. It appears that certain differences have arisen between the petitioners and the village Dorbar, with regard to the land in question, inasmuch as, the village Dorbar seeks to asserts its right over the land by claiming it to be village land. It also appears that the matter was brought before the respondent No. 7 (Syiem of Hima Mylliem), who had affirmed the possession and ownership of the petitioners over the said land. A Title Suit in this regard against the said order of the respondent No. 7 is also pending being Title Suit No. 19 of 2020, before the Court of the Proceeding Officer Sub-ordinate Council Court, Shillong.
3. In the midst of these proceedings, the Dorbar/Committee of the said village have effected a social boycott (ostracization of the petitioner), and this has also resulted in the petitioner being deprived of water connection which is assured under the Jal Jeevan Mission (JJM) Scheme. The factum of the ostracization is reported in the newspaper article published in the Newspaper 'U Peitngor' dated 08.03.2022, which has been annexed as Annexure-14 to the writ petition.
4. Thereafter, it is apparent from the materials before the Court, the petitioners had lodged an FIR with the Superintendent of Police, Ri-Bhoi District on 08.03.2022, and also a formal complaint before the Deputy Commissioner of Ri-Bhoi District. It is not know as to what action has been taken on the FIR. On the said complaint, the Deputy Commissioner had directed the Executive Engineer, PHE Umsning Division, Umsning (respondent No. 3) to look into the matter. As per the report of the respondent No. 3 dated 30.03.2022, it was stated that as the number of households which needed water exceeded the number as granted under the scheme, the writ petitioners were not given the said water connection. However, the letter of the respondent Headman addressed to the respondent No. 3 dated 08.03.2022 which has been annexed both in Khasi and with a translated copy in English reflects that the decision to deprive the water connection is because the petitioners are under social boycott, apart from other reasons with regard to the number of houses which were covered under the scheme. It is strange, that the letter of the respondent No. 3 which was submitted by the Deputy Commissioner is silent about this fact of social boycott, which perhaps shows his connivance with the said village. In this backdrop, though protestation has been made by Mr. N.D. Chullai, learned AAG, this Court is constrained to direct as follows:
i) the Deputy Commissioner in this connection, is to institute an enquiry into the events that has been happening in the Dorbar Shnong, Mawtneng.
ii) If the matter concerning water is not corrected, the Executive Engineer, PHE shall be held personally responsible.
iii) Superintendent of Police is to report as to what steps had been taken on the FIR.'
3. Thereafter, pursuant to the order dated 13.05.2022, affidavit has been filed by the Executive Engineer, PHE (Respondent No. 3) indicating that the water connection has been given to the writ petitioners and also a status report was filed by the Superintendent
