Meghalaya High Court
The Shillong Co-Operative vs . State Of Meghalaya & Ors. on 20 April, 2026
Author: H. S. Thangkhiew
Bench: H. S. Thangkhiew
Serial No. 44
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 376 of 2024
Date of Order: 20.04.2026
The Shillong Co-operative Vs. State of Meghalaya & Ors.
Urban Bank Ltd.,
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. S.D. Upadhaya, Adv. with
Ms. A. Synrem, Adv.
For the Respondent(s) : Mr. S. Sen, GA with
Mr. R. Colney, GA (For R 1-4)
Mr. S. Dey, Adv. (For R 5)
1. The petitioner Shillong Co-operative Urban Bank Ltd., had
approached the Deputy Commissioner, Revenue vide a letter dated
05.12.2011, for allotment of a plot of land at Rynjah, Shillong, for
establishment of a Branch of the petitioner Bank. Thereafter, the State
respondents on this request by a Certificate of Handing/Taking over
possession had made over to the Bank a plot of land being No. 52,
measuring 220.84 Sq. m, more or less situated at Rynjah/Umpling
Page 1 of 5
Revenue Block, Shillong. However, when the petitioner Bank had
requested for NOC for construction of the said building from the locality
Dorbar, the Rangbah Shnong and the Secretary of Dorbar Shnong Rynjah
had resisted the same vide a letter dated 10.10.2014, addressed to the
Deputy Commissioner. The objection to the proposed construction of the
building it appears, was on the ground that the referred Plot as mentioned
was already in the possession of the Dorbar Shnong Rynjah. In this regard,
along with the objection, a copy of a Declaration Deed dated 14.07.1995,
was annexed, and it was stated that a Playground had been constructed on
the Plot, and that the local Dorbar Hall was also situated therein. As such,
faced with this situation, the petitioner Bank has approached this Court by
way of the instant writ petition, for appropriate directions.
2. Before considering this matter, it is firstly to be noted that the
Dorbar Shnong represented by the Rangbah Shnong and the Secretary had
been arrayed as the respondents Nos. 6 & 7, but however in spite of notice
they have not appeared in the instant matter, which resulted in an order of
ex parte hearing being passed against them on 18.03.2025. As the matter
progressed due to the lack of clarity with regard to the status of the land,
an affidavit was called for from the Revenue authorities as to whether the
Plot in question which has been allotted to the petitioner Bank was already
in the possession of the Rynjah Dorbar, and whether the same Plot had
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been allotted to the locality. An affidavit dated 09.12.2025, was then filed
by the Deputy Commissioner, wherein the Minutes of a meeting held in
the office chamber of the Minister I/c Revenue on 02.06.1995, has been
annexed. A perusal of the letter pursuant to the Minutes dated 05.06.1995,
however shows that the same was only an NOC for the
establishment/construction of a Playground at Umpling, to be issued by
the Deputy Commissioner, East Khasi Hills District, Shillong.
3. Mr. S.D. Upadhaya, learned counsel for the petitioner Bank
has submitted that though there is no allotment in favour of the
respondents Nos. 6 & 7, the Deed of Declaration which has been made
only on the basis of the NOC which has been received, will not establish
any right or title in their favour. He further submits that even in this
situation, the Plot allotted to the petitioner Bank to his knowledge is not
the land which is being used by the Rynjah Dorbar for a Playground. He
therefore, prays that appropriate directions be issued, whereby the
allotment as given, be confirmed by order of this Court, and possession be
handed over by the Revenue authorities to the petitioner, as per the
allotment Certificate.
4. To this submission, Mr. S. Sen, learned GA has submitted that
the Declaration Deed, which had been relied upon by the Rynjah Dorbar
in support of their objection had been executed on 14.07.1995, but the
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contents thereof would reflect that the same NOC granted on 05.06.1995
has been referred to, and further that this is the only material on which the
Rynjah local Dorbar is relying upon not to grant NOC, to the petitioner
Bank to establish its Branch.
5. On hearing the learned counsel for the parties, this Court notes
the fact that the petitioner Bank has been allotted a Plot of land by due
process, and are in possession of a Certificate issued by a competent
authority is undisputed. The question that remains to be decided therefore,
is whether this plot of land is being used by the local Dorbar for its own
purpose, or whether the said Plot No. 52, refers to another plot in the
locality, itself.
6. As this matter cannot be decided by this Court sitting in writ
jurisdiction in view of the disputed question facts that have arisen, though
there is a clear vested right in favour of the petitioner, in order to settle the
matter, it is thus deemed appropriate that a Commission be constituted to
conduct a local inspection in the presence of authorized representatives of
the petitioner Bank, Revenue Branch from the Deputy Commissioner’s
office, the Meghalaya Urban Development Authority as well as the
respondents No. 6 & 7, though the matter has since proceed ex parte
against them.
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7. Mr. G. Syngkrem, learned counsel who is also the Secretary of
the Meghalaya State Bar Council who has volunteered his service is
appointed by this Court as an Advocate Commissioner to conduct the said
inspection on a convenient date, after receipt of all the materials, which
are before this Court.
8. In the matter of notice to the respondents Nos. 6 & 7, the said
respondents shall be informed by the Advocate Commissioner through the
Officer-in-Charge Rynjah Police Out Post, who shall also be intimated to
be present, at the time of inspection.
9. The only mandate of the Commission being only to identity
the Plot No. 52, which has been allotted to the petitioner Bank, as to
whether the same is vacant or is being used for other purposes by the
Rynjah Dorbar, it is expected that the said exercise shall be completed
within a period of 4(four) weeks, from today. Needless to add, all the
parties herein are to assist the Advocate Commissioner in every possible
way as necessary.
10. A copy of this order be given to all the parties present.
11. List this matter on 20.05.2026.
JUDGE
Meghalaya
20.04.2026
“V. Lyndem-PS”
Signature Not Verified Page 5 of 5
Digitally signed by
VALENTINO LYNDEM
Date: 2026.04.21 16:38:37 IST
