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Writ Petition No. 398 of 2016. Case: Chandra Pradhan Vs State of Meghalaya and Ors.. Meghalaya High Court

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Case NumberWrit Petition No. 398 of 2016
Party NameChandra Pradhan Vs State of Meghalaya and Ors.
CounselFor Appellant: R. Gurung, Adv. and For Respondents: S. Sen Gupta, Addl. Senior G.A.
JudgesDinesh Maheshwari, C.J.
IssueProperty Law
Judgement DateFebruary 03, 2017
CourtMeghalaya High Court

Order:

Dinesh Maheshwari, C.J.

  1. Though the matter is at the motion stage, but looking to the totality of circumstances, this Court finds no reason to keep this petition pending by issuing notice to the unrepresented respondent; rather it appears proper and in the interest of justice that appropriate directions be issued to the authorities concerned to take a decision in the matter in accordance with law.

  2. Shorn of unnecessary details, the facts relevant for the present purpose could be noticed as follows: The petitioner has stated that Late Shri Krishan Lal Pradhan, who was the father of her father-in-law, purchased a plot of land admeasuring 46, 816 sq.ft. at Thembasuk, Block-E, Madanryting, Shillong under patta dated 11.10.1953. According to the petitioner, after the death of Late Krishan Lal Pradhan, the property got devolved upon his son Late Ganesh Kumar Pradhan and a patta was issued by respondent No. 3 in that regard. Further, according to the petitioner, Shri Ganesh Kumar Pradhan also expired on 29.08.2011, leaving behind his widow, Smt. Narbada Pradhan, his eldest son, Shri Monohar Pradhan (petitioner's husband), and his younger son Shri Sohan Pradhan. The petitioner has averred that there had been a family settlement whereunder, the scheduled plots of land came to her husband, who was issued two pattas dated 28.03.2015. The petitioner has further submitted that her husband, Shri Monohar Pradhan expired in the year 2015 whereafter the said plots of land were inherited by her and she was also issued two pattas dated 15.09.2015.

  3. While placing on record, the photostat of the alleged pattas dated 15.09.2015 as Annexure V and VI, the petitioner has averred that during the process of making photocopies of the said two pattas, she lost the original thereof and thus, lodged a missing report with the concerned Police Station. The petitioner has annexed with this petition the report issued by the Officer-in-charge, Madanryting Police Station, East Khasi Hills District which reads as under:

    TO WHOM IT MAY CONCERN

    On 4th November, 2016 received a Missing FIR from Smti Chandra Pradhan W/o. (L) Mandhar Pradhan of Madanrting Thembasuk Block-E, Shillong to the effect that on 15/10/2016 she had gone to Assam Bazar for making photocopies of her two numbers of pattas issued by the Dorbar Shnong, Madanrting, Shillong but when she reach her home she found that the two original pattas are missing from her hand bag. In this connection a missing...

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