The writ petition that sought a stay of the boundary agreement signed by Meghalaya and Assam will now be taken up by the division bench of Chief Justice Sanjib Banerjee and Justice Harmarsan Singh Thangkhiew.
This was decided by the Meghalaya High Court today while hearing the writ appeal filed by Syiem of Hima Jirang R Hamberly Wahlang, Acting Syiem of Hima Mylliem Ainam Manik Syiem, Sirdar of Nonglang Sirdarship Phoslasly Nianglang and Acting Syiem of Hima Nongspung Erald Jyrwa.
During today’s hearing, the State government through Advocate General Amit Kumar said that the matter pertains to a memorandum of understanding (MOU) entered into by Meghalaya with Assam pertaining to certain areas and the exchange or transfer of areas between the two states.
Kumar also said that this does not cover the entire range of disputes between the two states pertaining to border villages. Stating that it is only this MOU which has been made the subject-matter of the writ petition, Kumar said that there is no impediment to both the states negotiating and arriving at a settlement in respect of other areas.
The Advocate General also asserted that in the present matter there is very little limited scope for judicial review and the petition should not have been entertained at all.
However, the High Court said that the matter is of some importance and even if the immediate challenge to the very limited interim order passed by the single bench of Justice Thangkhiew recently may not be worthy of consideration, the other request made by the State government can be acceded to.
“In view of the request and since the writ petition has already been moved before the bench of Hon’ble Justice Thangkhiew, let the writ petition be placed before a division bench of the Chief Justice and Hon’ble Justice Thangkhiew, for the matter to be taken up a week after the date of reopening following the vacation,” the High Court said in its order.
The court also directed for notice to be served immediately to the other respondents to the writ petition and also to communicate today’s order to them.
It also directed that affidavits-in-opposition to the writ petition should be filed by the reopening date and affidavits-in-reply, if any, by February 5, 2023.
The hearing of the writ petition by the division bench of Chief Justice Banerjee and Justice Thangkhiew will be held on February 6, 2023.
The present writ appeal was also disposed of by the High Court since the writ petition on the same matter is now being taken up by the division bench of the court.
