JOHURA KHATUN AND ANR. vs STATE OF MEGHALAYA AND 5 ORS.

2026:MLHC:1022
Serial No.02
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG


MC(Review Pet). No. 15 of 2025
Date of Decision: 14.09.2026


1. Smti. Johura Khatun,
W/o Late Abdul Hoque,
Resident of Majherchar I, (Naya Para),
P.O. & P.S. Mahendraganj,
South West Garo Hills, Meghalaya.


2. Shri. Zakir Hussain,
S/o Late Abdul Hoque,
Resident of Majherchar I, (Naya Para),
P.O. & P.S. Mahendraganj,
South West Garo Hills, Meghalaya.

…Applicants

-Versus-


1. State of Meghalaya,
Represented by the Secretary to the
Govt. of Meghalaya,
Soil & Water Conservation Department,
Shillong.


2. The Director of Soil & Water Conservation,
Administrative Building,
Lower Lachumiere, Shillong.


3. The Divisional Officer,
Tura Soil & Water Conservation (T) Division,
West Garo Hills, Tura.


4. The Treasury Officer,
West Garo Hills, Meghalaya.
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5. The Principal Accountant General (A&E),
Meghalaya, Shillong.


6. Nuruma Begum,
W/o Late Anowar Islam,
R/o Berabhanga I, P.O. & P.S. Sukchar,
Sount Salmara Mankachar, Assam.


…Respondents



Coram:
Hon’ble Mr. Justice H.S.Thangkhiew, Judge

Appearance:
For the Petitioner/Applicant(s) : Mr. P.R.Paske, Adv.
Mr. R.Pahsyntiew, Adv.

For the Respondent(s) : Ms. I.Lyngwa, GA for R 1-4.
Mr. S.A.Sheikh, Adv,
Mr. M.R.Marak, Adv. for R 6.



i) Whether approved for reporting in Yes/No
Law journals etc:

ii) Whether approved for publication Yes/No
in press:


JUDGMENT AND ORDER (ORAL)


1. This is an application seeking leave of this Court to file a review
application against the judgment and order dated 11-03-2025, passed in
WP(C). No. 409 of 2024.
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2. The stated case of the applicants is that the said judgment has directly
affected the rights of the applicants in a Succession Case being Succession
Case No. 06 of 2020, pending before the Court of learned District Judge,
South West Garo Hills, Ampati.

3. Mr. P.R.Paske, learned counsel for the applicants submits that the
applicants were never made parties in the writ petition, and therefore, were
never served copies, nor did they have any opportunity to present their case
which had resulted in the judgment and order dated 11-03-2025 being used
in the succession proceedings to their detriment. He therefore, prays that
leave be granted, and the applicants be allowed to prefer a review application
against the said judgment and order dated 11-03-2025.

4. Mr. S.A.Sheikh, learned counsel for the respondent No. 6, has
submitted that no grounds for review have been made out, inasmuch as, by
the judgment and order dated 11-03-2025, the matter was disposed of in
view of the fact that the Pension Payment Order had since been released in
the name of the respondent No. 6 who is the legally married wife of the
deceased employee. He further submits that the same will not affect the
proceedings of the Succession Case pending before the learned District
Judge, South West Garo Hills, Ampati.

5. This Court on hearing the learned counsel for the parties, and also on
seeing that the applicants are the mother and brother of the deceased
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employee, and a succession case is pending before the learned District
Judge, South West Garo Hills, Ampati, at this juncture, finds no reason to
grant leave to file a review, inasmuch as, the subject matter in the writ
petition was with regard to pension.

6. Accordingly, the misc. application is rejected. However, it is made
clear that the judgment and order dated 11-03-2025, passed in WP(C). No.
409 of 2024, shall not be used in the succession proceedings and the same
should be independent of other issues.

7. Misc. application accordingly stands closed and disposed of.


Judge




Signature Not Verified
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Digitally signed by
SAMANTHA ANNA LIYA
RYNJAH
Date: 2026.09.14 18:11:20 IST