Manipur High Court
Shri Wungreikhan Kasar vs State Of Manipur Represented By ... on 25 March, 2021
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IN THE HIGH COURT OF MANIPUR
AT IMPHAL
W.P. (C) No. 302 of 2021
Shri Wungreikhan Kasar, aged about 34 years, S/o K.
Phungmi, a resident of Sikibung Village, Phungyar Sub-
Division, P.O. & P.S. Litan, Ukhrul District, Manipur-795145.
...Petitioner
-Versus.-
1. State of Manipur represented by the Chief Secretary,
Government of Manipur, Secretariat Building, P.O. & P.S.
Imphal, Manipur-795001.
2. The Additional Chief Secretary (TA & Hills), Government of
Manipur, Secretariat Building, P.O. & P.S. Imphal,
Manipur-795001.
3. The Commissioner/Secretary (Revenue), Government of
Manipur, Secretariat Building, P.O. & P.S. Imphal,
Manpur-795001.
4. The Principal Chief Conservation of Forest, Government of
Manipur, Forest Head Office, Sanjenthong, P.O. Imphal,
P.S. Porompat, Imphal East District, Manipur-795001.
5. The Additional Chief Secretary (Work), Government of
Manipur, Secretariat Building, P.O. & P.S. Imphal, Imphal
West District, Manipur-795001.
6. The Director General of Police, Government of Manipur,
Babupara, P.O. & P.S. Imphal, Imphal West District,
Manipur-795001.
7. The Deputy Commissioner, Ukhrul, Government of
Manipur, Mini Secretariat, Hamleikhong, P.O. & P.S.
Ukhrul, Ukhrul District, Manipur-795142.
8. The Deputy Commissioner, Kamjong, Government of
Mapur, Camp Office at 2nd M.R. Ragailong, P.O. & P.S.
Imphal, Imphal West District, Manipur-795001.
9. The Superintendent of Police, Ukhrul, Government of
Manipur, Mini Secretariat, Hamleikhong, P.O. & P.S.
Ukhrul, Ukhrul District, Manipur0795142.
W.P. (C) No. 302 of 2021 Contd.../-
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10. The Superintendent of Police, Kamjong, Government of
Manipur, Camp Office at 2nd M.R. Ragailong, P.O. & P.S.
Imphal, Imphal West District, Manipur-795001.
...Respondents
B E F O R E
HON'BLE MR. JUSTICE KH. NOBIN SINGH
O R D E R
25-03-2021
[1] Heard Shri I. Lalitkumar, learned Senior Advocate appearing for
the petitioner and Shri Niranjan Sanasam, learned Government Advocate
appearing for the respondents.
[2] By the instant writ petition, the petitioner has prayed for issuing
a writ of mandamus or any other appropriate writ to direct the respondents
to consider the representation dated 18-01-2001 for maintenance of village
boundary land between Sikibung Village and Sareikhong Village.
[3] According to the petitioner, he is the Village Chief/ Headman
(Khullakpa) of Sikibung Village recognized by the Government of Manipur
vide order dated 30-04-2014 issued by the Deputy Commissioner, Ukhrul
as per the customary law of Tangkhul Tribe.
[4] In a Civil Appeal Case No.5 of 1947-48 arising out of the
dispute relating to the boundary between Sikibung village and Sareikhong
village, the Court of SDO/E, Ukhrul vide its order settled the boundary
between the two villages and declared that the boundary of the said
villages would be Khoirulok and accordingly, the encroachment, if any, in
the land of Sikibung Village by the villagers of Sareikhong village was
directed to be removed. However, the villagers of Sareikhong village failed
to vacate the land which resulted in the intervention by the SDO, Ukhrul in
the Eviction Case No.1 of 1954-55. However, the villagers of Sareikhong
village did not give up the possession of the disputed land and continue to
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occupy the same. Shri Solun Kuki of Sareikhong Village filed a civil suit in
the court of SDO, Ukhrul being No.173 of 1956-57 challenging the order
passed in the said Civil Appeal Case No.5 of 1947-48. As he could not
produce any document to prove his case, the SDO, Ukhrul passed an
order observing that the disputed land belongs to Sikibung village. But due
to non-compliance with the orders passed by the SDO, Masangthei
Khullakpa approached the court of law by filing multiple cases wherein the
Hon'ble District Judge, Manipur vide its judgment and order passed in Civil
Appeal Nos.84 of 1960, 44 of 1962 and 58 of 1964 ordered that
Masangthei Khullakpa of Sikibung was entitled to get possession of the
suit land. As the said order had attained finality, the boundary between the
two villages was recognized and it was/ is for the parties to implement it.
[5] On 29-12-2020 while the petitioner was working in the area of
Litan Bazar, was attaked by a group of people headed by Hemkhothang
Baite who is the current Chief of Sareikhong Village. However, the
petitioner managed to escape and an application was submitted to the
O.C., Litan Police Station for taking appropriate legal action. Due to
non-maintenance of the boundary between the two villages, the
encroachment in the land of the petitioner's village has been continued
because of which the petitioner submitted a representation dated
19-01-2001 requesting the authorities for maintenance of the boundary
between the said two villages in terms of the order dated 23-06-1967
passed in Civil Appeal Nos.84 of 1960, 44 of 1962 and 58 of 1964 and its
Execution Case No.16 of 1960. The said representation is still pending for
consideration by the authorities and being aggrieved by the inaction on the
part of the respondents, the instant writ petition has been filed by the
petitioner.
[6] When the instant writ petition is taken up for consideration, it
has been submitted by Shri I. Lalitkumar, learned Senior Advocate
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appearing for the petitioner that the same can be disposed of by issuing an
innocuous order and accordingly, the writ petition stands disposed of with
the direction that the respondents and in particular, the respondent No.7,
Deputy Commissioner, Ukhrul shall consider the representation dated
18-01-2001 and dispose of the same within a period of one month from the
date of receipt of a copy of this order by issuing a speaking order in
respect thereof.
JUDGE
Devananda
Yumkh Digitally signed
by Yumkham
am Rother
Date:
2021.03.26
Rother 13:22:39 +05'30'
W.P. (C) No. 302 of 2021 Contd.../-
