High CourtsSingle Bench(2022) 06 MEG CK 0002

Akki A.Sangma vs State Of Meghalaya & Ors

Meghalaya High Court · Decided on 1 June 2022

HON’BLE JUDGES
H. S. Thangkhiew, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 196 Of 2022

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Judgment

7 paragraphs · 308 words

H.S. Thangkhiew, J

1.

The writ petitioner is before this Court against the order dated 24-05-2022 issued by respondent No. 4, the Deputy Commissioner (Revenue), East Garo Hills District, Williamnagar. The said impugned notice had been issued to the writ petitioner under Section 4 (2) of The Meghalaya Public Premises (Eviction Unauthorised Occupants) Act, 1980, directing the petitioner to vacate the wet canteen inside the campus of the Police Reserve at Williamnagar immediately.

2.

The main contention of the petitioner is that the said impugned notice is unsustainable as the same has been issued without affording any opportunity to the petitioner which is mandatory under Section 3 of the Act.

3.

Mr. K.Paul, learned Sr. counsel assisted by Mr. S. Chanda, learned counsel for the petitioner submits that in pursuance to the said impugned notice, the said premises has been put under lock and key by the respondents. He further submits that the entire action is being done without due process of law which calls for interference by this Court.

4.

Mr. B.Bhattacharjee, learned AAG assisted by Ms. R.Colney, learned GA for the respondents by order dated 27-05-2022 had sought time to take instructions. Today, learned AAG fairly submits that on perusal of the impugned notice, it clearly reflects that due process as per the Act has not been complied with.

5.

Accordingly, in view of the facts as stated, the impugned notice dated 24-05-2022 is hereby quashed and set aside as it is found that it had not been issued in accordance with the Meghalaya Public Premises (Eviction Unauthorised Occupants) Act, 1980.

6.

The matter accordingly stands allowed and disposed of. However, it is directed that the respondents shall remove the lock from the said premises and if any proceedings are to be further initiated, the same should be with due process and in accordance with law.