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W. DIENGDOH
Mentilla B. Marak – Appellant
Versus
G. H. A. D. C. – Respondent
JUDGMENT
1. The events leading to the filing of this writ petition dates as far back as 09.03.1987, when the predecessor-in-interest of the petitioner Late Kejan Sangma as Nokma of Bolwarigiri Akhing, made an application to the respondent No. 3 claiming a portion of the Doldegiri Akhing stating that the Agitok Mahari that is, the predecessor-in-interest of respondents No. 4 and 5 had given a part of the land to the predecessor-in-interest of the petitioner, but since there was no proper demarcation of the land, the entire portion of the said land was allegedly wrongly recorded in the name of the Agitok clan.
2. What follows is that, on receipt of the relevant application, the Executive Member, Garo Hills Autonomous District Council (GHADC) had ordered that an enquiry be made by the Mauzadar who had in turn submitted a report dated 11.05.1987 stating that the claim of Late Kejan Sangma could not be supported by documents. On a further application submitted before the Executive Member for referring the matter to the Senior Assistant Settlement Officer, to conduct another enquiry which was accordingly done, the report filed thereafter also confirms that Late Kejan Sangma could not produ
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 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....
The judgment establishes the importance of historical documents and evidence in determining Nokmaship claims, while also emphasizing the jurisdictional validity of historical orders and their relevan....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 main legal point established is the importance of parties having the opportunity to produce evidence and matters being decided in accordance with law.
Encroachment of Land - Writ not maintainable as Disputed question of facts - To avail alternate available remedy.
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.
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