Manipur High Court
Awang Kongpal Kongkham Leikai ... vs R.K. Dinesh Singh on 18 October, 2022
SHAMURAILATPAM Digitally signed by SHAMURAILATPAM
SUSHIL SHARMA
SUSHIL SHARMA Date: 2022.10.19 13:36:24 +05'30'
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IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Cont.Cas(C) J2 No. 2 of 2021
Ref:- Crl.Rev. P. No. 11 of 2021
Awang Kongpal Kongkham Leikai Development
Committee, under Regd. No. 472/SR(IE)/2014,
having its registered address at Awang Kongpal
Kongkham Leikai, near DDK Imphal in Imphal East
District, Manipur, P.O. & P.S.- Porompat,
represented by its Secretary namely Thokchom
Sarat Singh aged about 51 years, S/o (L) Th.
Jugeshore Singh of Kongpal Kongkham Leikai, P.O.
& P.S.-Porompat, Imphal East District, Manipur, Pin
No. 795005.
........Petitioner
-Versus-
1. R.K. Dinesh Singh, IAS, the Commissioner/
Secretary (Revenue), Government of Manipur
and its Office at Old Secretariat Imphal, P.O. &
P.S.- Imphal, Imphal West District, Manipur-
795001.
2. B. John Tlangtinkhuma, IAS, Commissioner
/Secretary (PHED), Government of Manipur and
its Office at Secretariat Office, Babupara,
Imphal West, Pin No. 795001;
Cont.Cas(C) J2 No. 2 of 2021
Ref:- Crl. Rev. P. No. 11 of 2021
Page |2
3. Khumanthem Diana Devi, IAS, the Deputy
Commissioner, Imphal East District, Manipur
and its Office at Porompat, Imphal East,
Manipur-795005;
4. Pooja Elangbam, IAS, the Sub-Divisional
Magistrate, Imphal East and its Office at
Porompat, Imphal East, Manipur-795005;
5. Haobam Sunil Singh, the Chief Engineer, Govt.
of Manipur and its Office at Khuyathong PWD
Complex, Imphal, Manipur-795001.
6. Sabir Khan, Supervisor, the Keystone Pvt. Ltd.
being Regd. U45200TG2005PTCO45334 and
its registered Office at House No. 8-2-338/6,
Road No. 3, Panchavati Colony, Banjara Hills,
Hyderabad -500634, Telangana India and its
present address is at Babupara, P.O. & P.S. -
Imphal, Imphal West, Manipur-795001 and
7. Wahengbam Kunjeshwar Singh, Deputy
General Manager (DGM) of the Keystone Pvt.
Ltd. being Regd. No.
U45200TG2005PTC045334 and its registered
Office at House No. 8-2-338/6, Road No. 3
Panchavati Colony, Banjara Hills, Hydrabad-
500634, Telangana India and its present
address is at M.G. Avenue, Thangal Bazar,
Cont.Cas(C) J2 No. 2 of 2021
Ref:- Crl. Rev. P. No. 11 of 2021
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P.O.-Imphal and Police-City, Imphal West
District, Manipur, Pin No. 795001.
........Respondents/Contemnors.
BEFORE
HON'BLE MR. JUSTICE M.V. MURALIDARAN
For the Petitioners :: Mr. Ajoy Pebam, Advocate
For the Respondents :: Mr. H. Samarjit, GA
Mr. RS Reisang, Sr. Adv. for
Dr. RK Deepak, Advocate for
Respondent No.5,
Mr. K. Satyajit, Advocate for
Respondent Nos. 3 & 4;
Mr. Th. Tolapishak, Advocate
for Respondent No. 6.
Date of Hearing and
reserving Judgment & Order :: 04.07.2022
Date of Judgment & Order :: 18.10.2022
JUDGMENT AND ORDER
(CAV)
The contempt petition has been filed by the
petitioner to punish the respondents/contemnors for the wilful
disobedience of the interim order dated 30.4.2021 passed in
Criminal Revision Petition No.11 of 2021.
2. Heard the learned counsel for the petitioner and
the learned counsel for the contemnors.
Cont.Cas(C) J2 No. 2 of 2021
Ref:- Crl. Rev. P. No. 11 of 2021
Page |4
3. The learned counsel for the petitioner contended
that while admitting the criminal revision petition, an interim
order was passed by this Court directing the concerned
respondents to stop the ongoing construction work over the land
under C.S. Dag No.31 of 23-Kongkham Leikai Revenue Village
and that the said interim order was communicated to the
petitioner. Despite communication of the said order, the
respondents/contemnors wilfully and deliberately violated the
order.
4. The conditional order directing the petitioner to
remove the encroachment in the land in question was passed
on 28.9.2020 and challenging the same, the petitioner filed
criminal revision petition only on 28.4.2021 after a lapse of 7
months. It is admitted by the petitioner that the removal and
demolition of structures in C.S. Dag No.31 was taken place on
28.9.2020 itself.
5. The official respondents in the criminal revision
petition contended that they have started constructing the water
over head tank/water supply project immediately upon removal
of obstructions/nuisances in the land in question. Further, it is
the submission of the official respondents and before filing of
Cont.Cas(C) J2 No. 2 of 2021
Ref:- Crl. Rev. P. No. 11 of 2021
Page |5
the criminal revision petition itself, half of the work was
completed and the remaining work stalled because of the
interim order dated 30.4.2021. According to the contemnors,
after passing of the interim order, there was no construction
carried out, which fact was also admitted by the petitioner.
6. In view of the fact that after passing of the interim
order, the respondents/contemnors have not carried out any
construction work violating the interim order, the question of
wilful disobedience does not arise. Hence, the wilful
disobedience of the interim order dated 30.4.2021 alleged by
the petitioner is unfounded. The petitioner themselves admitted
that the interim order dated 30.4.2021 was communicated to the
official respondents only on 21.6.2021. The photographs
produced by the petitioner itself prove that on 30.4.2021 itself
more than half of the construction was over.
7. Since the contemnors have not carried out any
work disobeying the interim order and nothing on record to show
that the contemnors have disobeyed the order of this Court, this
Court is of the view that the respondents/contemnors have not
violated the order of this Court dated 30.4.2021.
Cont.Cas(C) J2 No. 2 of 2021
Ref:- Crl. Rev. P. No. 11 of 2021
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8. In view of the above, the contempt petition is
closed and the contemnors are discharged from the contempt
proceedings.
JUDGE
FR/NFR
Sushil
Cont.Cas(C) J2 No. 2 of 2021
Ref:- Crl. Rev. P. No. 11 of 2021
