Meghalaya High Court
Administrative and Public LawCivil Procedure and Evidence

Acting Syiem is competent to issue NOCs, and existing trade cannot be disturbed pending consideration.

SUDHANGSHU DAS vs THE KHASI HILLS AUTONOMOUS DISTRICT COUNCIL AND 5 ORS.

Meghalaya High CourtJUDGMENT: September 09, 20262 MIN READSOURCE JUDGMENT
Acting Syiem is competent to issue NOCs, and existing trade cannot be disturbed pending consideration.. SUDHANGSHU DAS vs THE KHASI HILLS AUTONOMOUS DISTRICT COUNCIL AND 5 ORS.. Meghalaya High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants were traders whose trading licences required renewal. Renewal had been delayed because of a dispute regarding the authority competent to issue the requisite No Objection Certificate (NOC). An earlier NOC had been issued by the Syiem of Sohra, and the Court had previously directed that the applicants obtain the fresh NOC from that office. Subsequently, confusion arose as to whether the NOC should be issued by the Sordar of Majai or by the Syiem of Sohra.

Source reference: para. 1

To resolve the deadlock, the Executive Committee of the Khasi Hills Autonomous District Council issued Notification No. DC.XXVII/Genl/66/2017-2026/191 dated 11 August 2026. By that Notification, the Acting Chief, Sohra Syiemship, was authorised to issue NOCs and other required certificates or documents to residents of Majai, subject to scrutiny, authentication and due diligence.

Source reference: para. 2

In view of the Notification, the parties submitted that the connected matters could be disposed of by permitting the applicants to approach the Acting Syiem of Sohra Syiemship.

Source reference: para. 3
02

Issues

Whether the applicants should be permitted to obtain the requisite NOCs from the Acting Syiem of Sohra Syiemship for renewal of their trading licences

Source reference: paras. 1–3

Whether the applicants’ trading activities should remain protected pending consideration of their NOC applications and consequential action by the District Council authorities

Source reference: para. 4
03

Law Applied

The Court applied the principle that administrative authorities must act in accordance with the competent authority’s operative notification and the directions issued in the earlier proceedings.

Source reference: no citation

The Executive Committee’s Notification dated 11 August 2026 authorised the Acting Chief, Sohra Syiemship, to issue NOCs and other necessary documents to residents of Majai after proper scrutiny, authentication and due diligence.

Source reference: para. 2

The Court also applied the principle that pending administrative consideration of applicants’ requests, their existing activities should not be arbitrarily disrupted where the Court has directed consideration of their applications.

Source reference: para. 4
04

Reasoning

The Notification dated 11 August 2026 removed the earlier uncertainty concerning the competent authority to issue the NOCs.

Source reference: para. 2

Since the Acting Chief, Sohra Syiemship, had been expressly authorised by the Executive Committee to issue the necessary documents, the Court found that the applicants could directly approach Respondent No. 7 for consideration of their applications.

Source reference: paras. 2–3

To preserve the status quo and prevent prejudice while the NOCs were being considered and while the District Council authorities undertook further action, the Court directed that the applicants’ trading activities should not be disturbed in the interim.

Source reference: para. 4
05

Holding

The connected miscellaneous applications were disposed of.

The applicants were permitted to approach Respondent No. 7, the Acting Syiem of Sohra Syiemship, for consideration of their NOC applications within four weeks from the date of the judgment.

Source reference: paras. 4–5

Pending the decision on the NOCs and consequential action by Respondents 1–4, the applicants’ trading activities were directed not to be disturbed.

Source reference: paras. 4–5
Meghalaya High Court

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SUDHANGSHU DASvsTHE KHASI HILLS AUTONOMOUS DISTRICT COUNCIL AND 5 ORS.

Meghalaya High Court · September 09, 2026

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