Petition against KHADC’s temporary control of Raid Majai disposed off

Shillong Oct 16: The Meghalaya High Court has disposed off a writ petition that challenged the decision of the Khasi Hills Autonomous District Council (KHADC) to temporarily take control over the management of Raid Majai and .

The division bench which comprised of Chief Justice Ajay Kumar Mittal and Justice HS Thangkhiew in its judgment passed on Wednesday said, “In view of the above, the writ petition is disposed of as infructuous.”

The writ petition was filed by W.M. Mawdkhap challenging an order issued by the KHADC executive committee on January 22, this year after it found certain irregularities where the Syiem of Hima Sohra had given Patta/Land Holding Certificate to non-tribal which is against the Meghalaya Land Transfer Act, 1972.

Accordingly, the Executive Committee, KHADC after thoroughly hearing the complaints, had temporarily taken control over the management of Raid Majai.

Upon notice having been issued, VGK Kynta, senior counsel appearing on behalf of the District Council had produced an order dated 25.06.2019, wherein inter alia, it has been recorded that the Executive Committee (EC) after careful consideration of the inquiry report dated 06.02.2019, had made some observations.

In the inquiry report, the EC had stated, “that the Syiem perform his duties with the Executive Durbar and is therefore a collective responsibility. That with reference to the issue of Raid Majai, the Syiem has accepted that the administration of Raid Majai be administered in consultation with the Sordar Raid Majai and his Dorbar as per the prevailing custom. Further, all issues pertaining to Raid Majai such as issue of NOCs, Residential Certificates, etc. will be issued on the recommendation of the Dorbar Raid Majai. 3) Further, in any case a vacancy for election of Sordar Raid, Headmen, etc. he should make sincere efforts to complete without much delay as per the prevailing practices.

The Executive Committee is also aware that the appointment of Sordar Raid Mawshuit and Headman, Thieddieng has also been informed that the same has been completed.”

It has further been stated that in view of what has been expounded and noticed above, the Executive Committee, KHADC in the larger interest of the Syiemship had decided to revoke the Executive Committee order dated 28.08.2018 where Freeman Sing Syiem was suspended as Syiem of Sohra pending inquiry.

The senior counsel also informed that the order dated 22.01.2019 impugned in this writ petition was a consequential order to the order of the Executive Committee dated 28.08.2018. senior counsel pointed out that in view of the revocation of the Executive Committee order dated 28.08.2018, the consequential order dated 22.01.2019 be also treated as non-est.

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