High CourtsSingle Bench(2017) 05 MEG CK 0002

Sri. Carlos D. Sangma, S/o (L) R N Marak vs State of Meghalaya represented by Chief Secretary, Govt. of Meghalaya, & Ors.

Meghalaya High Court · Decided on 2 May 2017

HON’BLE JUDGES
S.R.Sen
CASE NUMBER
118 of 2015

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Judgment

16 paragraphs · 331 words
1.

Heard learned counsel for the petitioner, Mr. PK Borah as well as learned Sr. counsel for the respondent No. 4, Mr. TT Diengdoh assisted by

Mr. K.Barua. Learned counsel for the respondent No. 3, Ms. PS Nongbri is also present. None has appeared on behalf of the State respondents.

2.

The petitioner''s case in a nutshell is that:

The petitioner as also all other inhabitants of the Dwara Nongtyrnem Sardarship (one of the Khasi states deriving its power under the Khasi Hills

Autonomous District Council) have been paying there due revenue/tax payer to the office of the Sardar vide receipts where the revenue/tax payer

is recorded as ''Kyrteng I ing/rep'' meaning the ''owner of house/land'' and in law, as the ''settlement holder other land holder''. The present Sardar

(Chief) of the said Khasi State, with malafide intention, illegally, arbitrarily and without sanction of any law started issuing revenue/tax receipts since

2014 showing the revenue/tax payers as ''Raiot''s thereby infringing the fundamental right U/Art. 15, 19 & 21 of the Constitution guaranteed to the

petitioner. (A ''raiot'' is a matter of the riotwari system of land & revenue administration abolished much before formation of the KHADC. In such

system, a ''raiot'' is a worker in the fields of the zamindar (land holder) and as his remuneration, used to be allotted a plot of land by the zamindar

for his homestead and personal agriculture).

Hence this petition seeking adequate remedy.

3.

Learned counsel for the petitioner, Mr PK Borah contended that earlier the respondents used to issue receipts in accordance with the

administration instruction of rules but the respondents have changed the same wherein it does not reflect the relation of the petitioner with the land.

4.

In reply, learned Sr. counsel for the respondent No. 4, Mr. TT Diengdoh submits that they have decided to stop the impugned receipt but re-

issue the receipts issued earlier. If it is so, nothing survives in the case and the matter stands disposed of.