High CourtsDivision Bench(2021) 03 MEG CK 0024

Ardalin Thabah vs State Of Meghalaya & Ors

Meghalaya High Court · Decided on 25 March 2021

HON’BLE JUDGES
Biswanath Somadder, CJ · H.S. Thangkhiew, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Case [WP(C)] No. 73 Of 2020

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Judgment

5 paragraphs · 210 words

This miscellaneous application arises in respect of a disposed of matter, being Writ Petition (C) No.318 of 2015, which was disposed of on 4th May, 2017. The operative portion of the order dated 4th May, 2017, reads as follows:-

"Deputy Commissioner, Ri-Bhoi District, Nongpoh is directed to act according to the Land Acquisition Act and do the needful accordingly."

In the present miscellaneous application, the following prayer is made:-

"In the premises aforesaid, it is most humbly prayed that your Lordship may be pleased to admit this application, directing the respondents to clarify that why the Deputy Commissioner must not proceed with the claims of the original petitioner in a time bound manner. To clarify that the claim of the Applicant is entirely separate from the other claims being dealt with by the Division Bench and further to Order that the records in connection with the claim of the applicant be handed back to the Deputy Commissioner, Ri-Bhoi District, Nongpoh, Meghalaya."

If we allow the above prayer, it will be in the nature of revisiting the original order dated 4th May, 2017, whereby Writ Petition (C) No.318 of 2015, has been disposed of. This is impermissible. As such, the miscellaneous application is liable to be dismissed and stands accordingly dismissed.