Jylli Ewsingh Marwein & Anr vs State Of Meghalaya & 5 Ors

The petitioners before this Court are the residents of Umsumbah village, Rambrai and Myriaw Syiemship alleging that the Dorbar Shnong of Umsumbah vide the impugned decision dated 14th January, 2014 had arbitrarily excommunicated and excluded the writ petitioners with their family members, including seven other households, from the membership of the village by refusing to issue relevant certificates, preventing them from taking part in the implementation of the schemes under the MGNREGS, and also had deprived them from the other developmental benefits. The further case is that the dispute was amicably resolved between the parties before the respondent BDO in his office on 10th April, 2014, but the BDO entirely diluted the nature of the enquiry/proceedings and in fact revived the disputes that has already been settled. The writ petitioners being aggrieved with the non-settlement of the pending disputes are before this Court by way of the instant writ petition.

Mr. H.L. Shangreiso, learned counsel for the petitioners at the outset submits that writ petitioners are not pressing the prayer No. 1, inasmuch as, they have since been re-admitted into the Umsumbah village as residents therein, and that the only prayer that remains in this petition is with regard to the revival of their and the other households job cards, and to allow them to work in the implementation of the MGNREG Scheme, 2005. He submits that the writ petitioners have been victimized due to their filing of RTI applications and draws the attention of this Court to Annexure-VI of the writ petition, wherein he submits that the respondent No. 6, in the request to the petitioners to come for settlement had specifically referred to them as RTI applicants. With regard to the non-enclosure of the impugned dorbar resolution, the learned counsel submits that the same could not be annexed due to the fact that a copy of the same was not supplied to them. He therefore, prays that in view of the stated facts and circumstances, there cannot and should be any impediment for the village dorbar to issue job cards and to restore the rights of the petitioners as full fledged residents of Umsumbah Village.

Ms. S. Bhattachrjee, learned GA for the respondent No. 1 to 5 submits that as it can be seen from the records the disputes had actually even been settled up to the level of Deputy Commissioner and what remains is for the resolution at the village level.

Mr. L. Shongwan, learned counsel for the respondent No. 6 submits that the entire writ petition has been based on the wrong perception that the writ petitioners had been excommunicated. He strongly submits that there is no question of excommunication and the only misunderstanding was due to the fact that the writ petitioners had enrolled themselves as members in the adjacent village of Ramsngiwar. He further contends that there was no resolution or decision by the Dorbar of Umsumbah village to excommunicate the eight households as alleged by the writ petitioners. The learned counsel also submits that the Dorbar had even requested the writ petitioners to come before the dorbar for settlement of the disputes but the writ petitioners had never complied with the same. The learned counsel then draws the attention of this Court to the Dorbar resolution dated 14th January, 2014 which is impugned herein by the writ petitioners, and submits that in the said resolution there is no whisper of excommunication as alleged. He further points to the resolution No. 4 of the said resolution and submits that the stipulation contained therein is only with regard to the examination of the particulars of the inhabitants, to ensure as to whether they are the genuine inhabitants of the village, before certificates are issued to them. In conclusion he submits that there is no hindrance or any further obstacle for settlement of the matter and submits that if and when the writ petitioners approach the Dorbar, the entire disputes will be settled amicably at the earliest.

I have heard the submissions of learned counsel for the parties and examined the materials on record.

The dispute it seems had arisen due to the change in circumstances which started after filing of RTI applications by the petitioners, which gave rise to a misunderstanding between them and the village authorities, coupled with the fact that the petitioners had taken membership of the adjacent village, which then resulted in the petitioners exclusion from the list of job card holders of Umsumbah Village.

However, on the joint submissions of the learned counsel for parties today, who are in agreement that the writ petition can be closed with a simple direction that the writ petitioners and the village Dorbar settle the matter amicably, especially on the assurance given by learned counsel for the respondent No. 6, that same shall be done promptly. This matter is being disposed of without dwelling any further on other attendant facts and circumstances.

Accordingly, it is directed that the writ petitioners shall within 3(three) weeks from today, present their applications before the respondent No. 6 (Dorbar) for restoration of their job cards. The respondent No. 6 shall thereafter in consideration of the same restore their enrollment for job cards and the other benefits entitled under the Scheme within 1(one) week thereafter and henceforth for all purposes to accord them the status of genuine residents of Umsumbah village.

With the above directions, this writ petition is accordingly disposed of.