MC(Review Pet.)/15/2025 of JOHURA KHATUN AND ANR. Vs STATE OF MEGHALAYA AND 5 ORS. on 14 September 2026

1. Smti. Johura Khatun, W/o Late Abdul Hoque, Resident of Majherchar I, (Naya Para), P.O. & P.S. Mahendraganj, South West Garo Hills, Meghalaya.

2. Shri. Zakir Hussain, S/o Late Abdul Hoque, Resident of Majherchar I, (Naya Para), P.O. & P.S. Mahendraganj, South West Garo Hills, Meghalaya.

…Applicants

-Versus-

1. State of Meghalaya, Represented by the Secretary to the Govt. of Meghalaya, Soil & Water Conservation Department, Shillong.

2. The Director of Soil & Water Conservation, Administrative Building, Lower Lachumiere, Shillong.

3. The Divisional Officer, Tura Soil & Water Conservation (T) Division, West Garo Hills, Tura.

4. The Treasury Officer, West Garo Hills, Meghalaya.

5. The Principal Accountant General (A&E), Meghalaya, Shillong.

6. Nuruma Begum, W/o Late Anowar Islam, R/o Berabhanga I, P.O. & P.S. Sukchar, Sount Salmara Mankachar, Assam.

…Respondents

Coram:

Hon’ble Mr. Justice H.S.Thangkhiew, Judge Appearance: For the Petitioner/Applicant(s) : Mr. P.R.Paske, Adv.

Mr. R.Pahsyntiew, Adv.

For the Respondent(s)

: Ms. I.Lyngwa, GA for R 1-4.

Mr. S.A.Sheikh, Adv,

Mr. M.R.Marak, Adv. for R 6.

i) Whether approved for reporting in

Yes/No

Law journals etc:

ii) Whether approved for publication

Yes/No

in press:

JUDGMENT AND ORDER (ORAL)

1. This is an application seeking leave of this Court to file a review application against the judgment and order dated 11-03-2025, passed in WP(C). No. 409 of 2024.

2. The stated case of the applicants is that the said judgment has directly affected the rights of the applicants in a Succession Case being Succession Case No. 06 of 2020, pending before the Court of learned District Judge, South West Garo Hills, Ampati.

3. Mr. P.R.Paske, learned counsel for the applicants submits that the applicants were never made parties in the writ petition, and therefore, were never served copies, nor did they have any opportunity to present their case which had resulted in the judgment and order dated 11-03-2025 being used in the succession proceedings to their detriment. He therefore, prays that leave be granted, and the applicants be allowed to prefer a review application against the said judgment and order dated 11-03-2025.

4. Mr. S.A.Sheikh, learned counsel for the respondent No. 6, has submitted that no grounds for review have been made out, inasmuch as, by the judgment and order dated 11-03-2025, the matter was disposed of in view of the fact that the Pension Payment Order had since been released in the name of the respondent No. 6 who is the legally married wife of the deceased employee. He further submits that the same will not affect the proceedings of the Succession Case pending before the learned District Judge, South West Garo Hills, Ampati.

5. This Court on hearing the learned counsel for the parties, and also on seeing that the applicants are the mother and brother of the deceased

employee, and a succession case is pending before the learned District Judge, South West Garo Hills, Ampati, at this juncture, finds no reason to grant leave to file a review, inasmuch as, the subject matter in the writ petition was with regard to pension.

6. Accordingly, the misc. application is rejected. However, it is made clear that the judgment and order dated 11-03-2025, passed in WP(C). No. 409 of 2024, shall not be used in the succession proceedings and the same should be independent of other issues.

7. Misc. application accordingly stands closed and disposed of.

Judge

Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2026.09.14 18:11:20 IST Signature Not Verified