Bernard N. Marak – Appellant
Versus
State Of Meghalaya – Respondent
BY THE COURT:
(per Hon’ble the Chief Justice)
By way of this petition, framed and styled as a Public Interest Litigation [>PIL?], the petitioner seeks to challenge the powers of Garo Hills Autonomous District Council [>GHADC?] to enact any law on transfer of land; and to issue pattas for transfer of land while creating new plain Mauzas. The petitioner, while questioning the validity of the Garo Hills District (Transfer of Land) Act, 1955 [>the Act of 1955?], as made by GHADC, has claimed the following reliefs:-
In the circumstances stated herein above, your humble Petitioner prays that your Lordship may be pleased to call for the records, issue Rule calling upon the Respondents to show-cause as to why a Writ in the nature of Mandamus/Certiori or any other appropriate writ/order of direction should not be issued, declaring the Garo Hills District (Transfer of Land Act) 1955 as ultra-vires, void and illegal as a whole, specifically Section 3,4,5,6,7,8 and 9 of the said act and also be pleased to direct the respondent GHADC, not to issue patta over Aking land and again, be pleased to declare the creation/reorganisation of new plain mauza i.e. X, X-1 curving out of the areas from the Hill
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