Sudhan Mohora vs State Of Meghalaya & Ors

H. S. Thangkhiew, J

The petitioner has approached this Court by way of the instant writ application for directions to restrain the respondents from interfering with the petitioner’s construction of the RCC Residential Com Commercial Building Complex, and for quashing and setting aside the impugned letter No. MUDA/WGH/IR/14/2007/143, dated 03.03.2022, cancelling the building permission sanction of the petitioner.

The brief facts as portrayed in the writ petition is that the petitioner is a lawful owner of the plot of land, and in connection thereto had sought permission for construction from the respondent No. 6 (Town Planning Officer) but after obtaining the building permission on 13.08.2021, the same was however revoked by the impugned order dated 03.03.2022.

An additional affidavit has now been filed by the petitioner wherein it has been stated that the said building permission which had been cancelled vide order dated 03.03.2022 has since been revoked by the respondent No. 6, vide letter dated 13.07.2022, and the petitioner is now allowed to continue construction activities as per the earlier building permission.

Mr. W.S. Gayang, learned counsel for the petitioner submits that with the revocation of the building permission, the cause of action before this Court no longer survives. However, he submits that there has been an intervention and interference on the part of the State respondents for no reason, and prays that appropriate directions be issued to restrain the respondents from indulging in such interference.

Mr. N.D. Chullai, learned AAG assisted by Ms. I. Lyngwa, learned GA for the State respondents submits that there has been no unlawful interference, inasmuch as, whatever action taken by the police authorities was on the basis of an FIR.

I have heard the learned counsels for the parties and submissions made.

On perusal of the additional affidavit, it appears that the grievance of the petitioner against the cancellation, no longer survives for consideration. It is also to be noted that a Civil Suit being T.S. No. 1 of 2022 is pending before the Court of Assistant to Deputy Commissioner, West Garo Hills, Tura, with regard to rival claims on the property.

In consideration thereof, as the impugned order no longer survives for consideration, this petition is therefore closed. However it is made clear that any grievance that may emanate as to title or counter claims thereon, by the parties, the same shall be agitated before the Civil Court, in the pending Title Suit.

With the above noted directions, this writ petitioner stands closed and is accordingly disposed of.