1. This bunch of writ petitions being identical and seeking the same
reliefs are being disposed of by this common judgment and order.
2. The petitioners in all the writ petitions being aggrieved with a notice
dated 15.01.2024, issued by the respondent No. 3, with regard to their
alleged encroachment on P.W.D. land (Right of Way), are before this Court
2025:MLHC:164
for quashing and setting aside of the impugned notice and for other reliefs
such as recognition of the petitioners to be in lawful possession of their
respective plots or establishments.
3. Mr. H.R. Nath, learned counsel for the petitioners has submitted that
the petitioners belong to a clan known as ‘Dorangre Songsak’ and that since
the time of their ancestors have been in occupation and possession of an
area known as ‘Riangsngi’ and that the respondent No. 5, the Syiem of
Nongstoin, had on 21.01.1982, certified and registered the land in favour of
the said clan. It is further submitted that the area alleged to have been
encroached upon by the petitioners falls under the ‘Riangsngi’ land,
wherein the petitioners have constructed RCC and other kaccha structures
for habitation and commercial purposes, and have been running these small
businesses for many years. He therefore contends that the impugned letter
dated 15.01.2024, issued by the respondent No. 3, Executive Engineer
PWD, directing the petitioners to relocate and shift being arbitrary and
without following the due process of law, is liable to be set aside and
quashed.