M. Angshil Maring vs Union Of India And Others
2021 Latest Caselaw 308 Mani

KABORA Digitally signed
        by
MBAM KABORAMBAM                                                                            Item No. 16, 17, 20
SANDEEP SANDEEP   SINGH
        Date: 2021.12.01                 IN THE HIGH COURT OF MANIPUR
                                                                                (Through Video Conferencing)


SINGH 11:39:37 -08'00'                             AT IMPHAL

                                               MC(WA) NO. 113 OF 2021
                                                                WITH
                                               MC(WA) NO. 107 OF 2021
                                                                WITH
                                                   WA NO. 59 OF 2021


                                   M. Angshil Maring
                                                                                          ... Applicant
                                                               -Versus-

                                   Union of India and others
                                                                                    ... Respondents

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON'BLE MR. JUSTICE MV MURALIDARAN

29.11.2021.

(Sanjay Kumar, CJ)

Appellant Nos. 4, 6, 10, 15, 16, 17, 18 and 29 in W.A. No.

59 of 2021 filed MC(WA) No.107 of 2021 therein, seeking deletion of their

names from the array of parties. This prayer was made obviously because

they did not wish to pursue the writ appeal. While so, MC(WA) No. 113 of

2021 was filed by appellant Nos. 2, 3, 5, 7, 8, 9, 11, 12, 13, 14, 19, 20, 21,

22, 23, 24, 25, 26, 27, 28, and 30 in W.A. No.59 of 2021 praying that they

should be allowed to withdraw the appeal.

In all, there are 30 appellants in this appeal and appellant

No.1 does not find mention in either of the miscellaneous cases filed, referred

to supra. However, Mr. I. Lalitkumar, learned senior counsel, appearing for

the appellants, would inform this Court that all the appellants in W.A. No.59

of 2021 are desirous of withdrawing the appeal as they wish to approach the

jurisdictional Civil Court, in the light of the observation made by the learned

Judge in the judgment and order under appeal that the only remedy available

to them is to approach the appropriate forum for redressal of their

grievances.

It may also be noted that the affidavit in support of MC(WA)

No. 113 of 2021 was filed by none other than the appellant No.1. This fact

was pointed out by Mr. Kh. Samarjit, learned ASG, appearing for the Union

of India.

MC(WA) No.113 of 2021 and MC(WA) No. 107 of 2021 are

accordingly allowed.

In the light of the aforestated development, WA No. 59 of

2021 is dismissed as withdrawn, leaving it open to the appellants therein to

pursue their remedy before the Civil Court. It is made clear that the Civil

Court should deal with all the issues on their own merit and in accordance

with law and due procedure, uninfluenced by any observations made either

by the learned Judge or by us.

In the circumstances, we make no order as to costs.

A copy of this order shall be supplied online or through

whatsapp to the learned counsel.

              JUDGE                                       CHIEF JUSTICE
bidya




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