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Judgment
H. S. Thangkhiew, J
Pursuant to the order dated 25.08.2022, Mr. S. Dey, learned Standing counsel for the GHADC has produced a Notification dated 24.11.2020 issued by the Commissioner & Secretary to the Govt. of Meghalaya, District Council Affairs, Department.
By the said Notification, powers have been vested upon the said Judicial Officers as Assistant Judges, District Council Court, Tura under Rule 11 of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.
However, as noted yesterday the seal of the Assistant Judge in the impugned order reads as Assistant Judge, District & Sessions, District Council Courts, GHADC, Tura, which is erroneous. Accordingly, the concerned officer is directed to correct the anomaly to avoid any future complications.
A copy of this Notification is taken on board and made part of the record.
Heard Mr. S.A. Sheikh, learned counsel for the petitioners.
Issue notice returnable within 3(three) weeks. Steps to be taken by Registered AD within 3(three) days.
The petitioners grievances is that the learned Court below by the order dated 01.07.2022 has decreed the suit land in favour of the respondent without any semblance of a judicial procedure. He further submits that the matter was instituted before the Village Court by the respondent and the same was referred to the Subordinate District Council Court, Tura and the matter was decided summarily. As such, he prays that in the interim some protection be given.
In consideration of the submissions and the facts and circumstances of the case, a prima facie case has been made out for grant of interim protection at this stage.
Accordingly, the operation of the impugned order dated 01.07.2022 passed in Misc. Case No. 37 of 2013 by the Assistant Judge, District Council Court, GHADC, Tura shall remain stayed until further orders.
List this matter on 19.09.2022.