WP(C)/481/2024 of REINU DEVI Vs SYIEM/ACTING SYIEM, OFFICE OF THE SYIEM OF HIMA MYLLIEM AND 5 ORS. on 17 December 2024

1. Syiem/Acting SyiemOffice of the Syiem of Hima Mylliem,Mawkhar, Shillong-793002.Meghalaya.

2. Shri. Govind UpadhayaS/o (L) Dhaka Kumari UpadhayaR/o Lumsohphoh, Upper Lumparing,Near Buddhist Temple, Shillong.East Khasi Hills District, MeghalayaPin- 793 004.

3. Shri. Arjun UpadhayaS/o (L) Dhaka Kumari UpadhayaR/o Lumsohphoh, Upper Lumparing,Near Buddhist Temple, Shillong.East Khasi Hills District, MeghalayaPin- 793 004.

4. Shri. Lochan UpadhayaS/o (L) Dhaka Kumari UpadhayaR/o Lumsohphoh, Upper Lumparing,Near Buddhist Temple, Shillong.East Khasi Hills District, MeghalayaPin- 793 004.

5. Shri. Bhim Upadhaya

S/o (L) Dhaka Kumari UpadhayaR/o Lumsohphoh, Upper Lumparing,Near Buddhist Temple, Shillong.East Khasi Hills District, MeghalayaPin- 793 004.

6. Smti. Suprova UpadhayaD/o (L) Om Prakash UpadhayaR/o Lumsohphoh, Upper Lumparing,Near Buddhist Temple, Shillong.East Khasi Hills District, MeghalayaPin- 793 004.

Coram:

Hon’ble Mr. Justice H.S.Thangkhiew, Judge Appearance:For the Petitioner/Applicant(s) : Mr. S.Panthi, Adv. Mr. S.Chanda, Adv. For the Respondent(s): Mr. L.Khyriem, Adv. Mr. W.Jyrwa, Adv.

i)Whether approved for reporting inYes/NoLaw journals etc:ii)Whether approved for publicationYes/Noin press:

JUDGMENT AND ORDER (ORAL)

1. The writ petitioner by way of this instant writ petition has comebefore this Court with a prayer to not give effect to the impugned partition order dated 21-08-2024, which has been given in favour of the respondentsNo. 2 to 5, by the respondent No. 1.

2. The writ petitioner, it is submitted and the respondents No. 2 to 5are brothers and sisters who are entitled to shares in the property of thedeceased mother one (L) Dhaka Kumari Upadhaya. It is submitted thatwithout the writ petitioner’s knowledge, the other respondents haveobtained the partition order for the property of the late mother and she hasbeen deprived of a share thereof, inspite of a Title Suit which is pending onthe same subject matter in issue, being T.S. No. 23 (T) of 2022 pending inthe Court of the Assistant to Deputy Commissioner at Shillong,Submissions have also been made that on the basis of the impugned orderdated 21-08-2024, the respondent No. 3 is commencing constructionactivities on the suit land for which the writ petitioner has no alternative,but to file the instant application before this Court.

3. From the side of the respondent No. 1 who is represented today byMr. L.Khyriem, learned counsel, it is submitted that firstly, the impugnedorder has been passed way back as on 21-08-2024, and the petitioner beingwell aware of the same should have approached the Trial Court forappropriate orders considering that the suit involves the question ofpartition itself. He submits that further no materials have been brought onrecord to support the contention that construction activities are going on.

He therefore, submits that alternate remedy being available, the writpetition be not entertained.

Conclusion

4. I have heard learned counsel for the parties and also examined thematerials as placed by the learned counsel for the petitioner. The writpetitioner has annexed at Annexure-3 to the writ petition a copy of theplaint of T.S. No. 23 (T) of 2022, which is a suit for partition anddeclaration of right in interest and has submitted that it is at the stage ofissues and documents. It is also noted that the respondent No. 1, in theinstant writ petition is also arrayed as the proforma respondent No. 6 in thesaid Title Suit. This being the situation coupled with the fact that nomaterials have been brought on record to show that there is constructiongoing on in the suit land, and also due to the availability of alternateremedy, the writ petition is not entertained at present. The writ petitioner ,however, is at liberty to approach the Civil Court where the suit is pendingand a concession is given that on such application being preferred beforethe Trial Court, the same shall be taken up and orders passed thereonexpeditiously.

5. With the above directions, matter stands closed and disposed of.

Judge