Meghalaya High Court
MC(WPC)/143/2024 of NIHIMSON MARAK AND ANR. Vs GARO HILLS AUTONOMOUS DISTRICT COUNCIL AND 5 ORS. on 8 August 2024
Regular List HIGH COURT OF MEGHALAYA AT SHILLONG MC[WP(C)] No. 143 of 2024 in WP(C) No. 1 of 2017 Date of Order: 08.08.2024 1. Shri Nihimson Marak Vs. 1. Garo Hills Autonomous District S/o. A . Sangma, Council, Rep. by the Secretary R/o. Rong’chek, A’pal, Executive Committee, Tura P.O.
Serial No. 06 Regular List
HIGH COURT OF MEGHALAYAAT SHILLONG
MC[WP(C)] No. 143 of 2024 inWP(C) No. 1 of 2017
Date of Order: 08.08.2024
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1. Shri Nihimson Marak S/o. A. Sangma,
Vs. 1. Garo Hills Autonomous DistrictCouncil, Rep. by the Secretary Executive Committee, Tura District; West Garo Hills, Megh.
R/o. Rong’chek, A’pal,P.O. Songsak, East Garo HillsEast Garo Hills District, Meghalaya.
2. Shri Haring K. Marak Vill. Koknal CHRAP.O. Songsak, East Garo HillsEast Garo Hills District, Meghalaya.
2. Chief Executive Member, Garo Hills Autonomous District Council, Tura. District; West Garo Hills, Megh.
3. The Executive Member, In- Charge Land and Revenue, GaroHills Autonomous District, TuraDistrict; West Garo Hills, Megh.
4. Shri S.M. Sangma,S/o. (L) D. Ch. Momin, R/o. Village Koknal,PO/PS, Songsak, East Garo Hills District, Meghalaya.
5. Smti Sesobin K. Marak,W/o. Shri S.M. Sangma,R/o. Village Koknal,PO/PS, Songsak, East Garo Hills District, Meghalaya.
6. Shri Balsinath G. Momin,Ex- Nokma of Koknal Akhing,R/o. Village Koknal,PO/PS, Songsak, East Garo Hills District, Meghalaya.
….. Applicants.
….. Respondents.
Coram:
Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:
For the Petitioner/Appellant(s): Mr. K. Paul, Sr. Adv. withMr. S. Khyriem, Adv.For the Respondent(s): Mr. S. Dey, Adv. (R. 1-3)Mr. S. Deb, Adv. (R.4-6)
Heard Mr. K. Paul, learned Sr. counsel appearing for the applicants.Also heard Mr. S. Dey learned counsel for the respondents No. 1, 2 & 3and also Mr. S. Deb, learned counsel for the respondents No. 4, 5 & 6.
This is an application analogous to Order 1 Rule 10 of CPC forstriking out the name of the petitioner No.1 from the array of parties whoexpired on 26.11.2021. Learned counsels for the respondents have noobjection to the prayer made in the application. It is submitted by thepetitioner that there is no one to replace the petitioner No.1 in this writpetition and the right to sue does not survive.
In view of the above, this application for striking out the name ofthe petitioner No.1 is allowed. Petitioner shall take steps to makenecessary correction in the cause title of the writ petition.
Application stands disposed of.
Judge
Meghalaya08.08.2024
“N.Swer, Stenographer, Gr-II”