Meghalaya High Court
Philip Khrawbok Shati vs . State Of Meghalaya & Ors on 14 August, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No.01 HIGH COURT OF MEGHALAYA Daily List AT SHILLONG PIL No.17/2021 with MC(PIL) No.1/2025 MC(PIL) No.3/2025 PIL No.9/2024 Date of order: 14.08.2025 Philip Khrawbok Shati vs. State of Meghalaya & ors Meghalaya and Greater Shillong Progressive Hawkers and Street vs. Andrew Aibok Jyrwa & ors Vendors Association Rupert Raymond Theodore Wankhar vs. Andrew Aibok Jyrwa Andrew Aibok Jyrwa vs. The State of Meghalaya & ors Coram: Hon'ble Mr. Justice I.P. Mukerji, Chief Justice Hon'ble Mr. Justice W. Diengdoh, Judge Appearance in PIL No. 17/2021: For the Petitioner : Mr. T. Dkhar, Adv. For the Respondents : Mr. A.H. Kharwanlang, Addl Sr.GA
Mr. S. Dey, Adv.
Appearance in MC (PIL) No. 1/2025:
For the Applicant : Mr. P. Yobin, Adv. For the Respondents : Mr. N. Syngkon, Adv. Appearance in MC (PIL) No.3/2025: For the Applicant : Ms. S. Shyam, Adv. For the Respondent : Mr. N. Syngkon, Adv. Appearance in PIL No. 9/2024:
For the Petitioners : Mr. N. Syngkon, Adv. with
For the Respondents : Mrs. T. Yangi B., AAG with
Mr. K.P. Bhattacharjee, GA
Mr. S. Dey, Adv.
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i) Whether approved for Yes/No reporting in Law journals etc.: ii) Whether approved for publication Yes in press:
Note: For proper public information and transparency, any media
reporting this judgment is directed to mention the composition of
the bench by name of judges, while reporting this
judgment/order.
This is an application by Seng Samla Laitumkhrah “Ieng Skhem
Ha Ka Hok” a registered society, to be added as a party in the public
interest litigation [PIL No.9 of 2024]. In this application it is stated that
this society is a “Seng Samla” within the meaning of Section 2(x) of the
Khasi Hills Autonomous District (Administration of Elaka)
(Amendment) Act, 2023 and is a registered society under the Societies
Registration Act.
It expresses great concern over unlawful or unauthorised
vending by hawkers in the Laitumkhrah area of Shillong.
It wants reach of the orders passed by this Court in clearing
some areas of the city of unlicensed hawkers, namely Police Bazar to
extend to Laitumkhrah by evicting the unlicensed vendors from the
roads and footpaths making them encumbrance free, cleaner, convenient
and safe for pedestrians and vehicular traffic.
The impleadment of the applicant is opposed by the petitioner,
the Hawkers Association and learned Advocate for the State on the
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ground that the Court has in this public interest litigation [PIL No.9 of
2024] already taken cognizance of this malady in all the thoroughfares
of Shillong. The scope of the writ covers the entire city.
According to Mrs. Tangi B., learned Additional Advocate
General, the work that has been done by the State agency in the Police
Bazar area would be carried forward to other areas also stage by stage.
There is no necessity of further parties and entities being involved in the
public interest litigation as that might complicate matters.
We have also considered the submission of learned counsel for
the applicant that the applicant society represents the youth of the area
Laitumkhrah. The members of the society are active citizens of the State
and are deeply interested in the upkeep of the roads, streets and
footpaths in the said area.
We pass the following order:
We direct the Shillong Municipal Board to file a report in this
Court with regard to the number of vending licenses issued for the
purpose of street vending along with the names of the licencees in the
Laitumkhrah area. The Board is also directed to make an inspection,
make an enquiry and state in the report the names and number of the
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vendors who are vending merchandise without licences in that area.Such report should be filed in this Court by 28th August, 2025.
List the main PIL along with this application on 29 th August,
2025.
For the time being, the applicant Seng Samla Laitumkhrah is
allowed to participate in the proceedings by its presence only, without
being added as a party. The question of its being added as a party
respondent will be considered on the adjourned date. A copy of the
report be circulated to all appearing counsel.
Written submission on behalf of the Hawkers Association
submitted by Mr. Yobin, learned Advocate is taken on record.
(W. Diengdoh) (I.P. Mukerji)
Judge Chief Justice
Meghalaya
14.08.2025
"Lam DR-PS"
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