High CourtsSingle Bench(2024) 04 MEG CK 0052

Jingseng Marak & Anr. vs Garo Hills Autonomous District Council & Ors.

Meghalaya High Court · Decided on 18 April 2024

HON’BLE JUDGES
H.S. Thangkhiew, J
CASE NUMBER
Miscellaneous Case (WPC) No. 53 Of 2024 In Writ Petition (C) No. 111 Of 2024

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Judgment

7 paragraphs · 280 words

H. S. Thangkhiew, J

1.

This Misc. application has been filed by the applicants/petitioners praying for stay of the impugned order dated 18.03.2024, passed by the respondent No. 2, (Chief Executive Member, Garo Hills Autonomous District Council, GHADC, Tura)

2.

Mr. A.G. Momin, learned counsel for the applicants/petitioners has submitted that the respondent No. 2, (Chief Executive Member, Garo Hills Autonomous District Council, GHADC, Tura), while the matter has already been seized by the Assistant Judge, District Council Court, West Garo Hills, Tura, with regard to the execution of a decree, passed by the Village Court, and also confirmed by the respondent No. 2, has taken up the matter again on an application by the respondents, and has admitted the matter for reconsideration. He therefore, prays that in the interim, as the matter has already been fixed before the Assistant Judge, on 26.04.2024, interim directions be passed to keep the proceedings before the respondent No. 2, in abeyance.

3.

Mr. N. Rajee, learned counsel vice Mr. S. Dey, learned counsel for the respondents Nos. 1 & 2, submits that at this stage perhaps interim orders may not be passed, without hearing all the respondents. She prays that notice be issued on the interim prayer, for consideration.

4.

Having heard the learned counsels for the parties and on examination of the materials on record, it appears that a prima facie case has been established by the applicants/petitioners for some interim orders, at this stage.

5.

Accordingly, the impugned order dated 18.03.2024, passed by the respondent No. 2, annexed at Annexure-VIII, to the writ petition is stayed, until the next date.

6.

List this matter on 10.05.2024, together with the main case.