Manipur High Court
Page |2 vs The State Of Manipur Represented By The on 29 August, 2024
SHAMURAILATPAM SUSHIL Digitally signed by SHAMURAILATPAM SUSHIL
SHARMA
SHARMA Date: 2024.09.02 16:07:48 +05'30'
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Item No. 48
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRP (CRP Article 227) No. 19 of 2014
1. Shri N. Indrakumar Singh, aged about 61 years, S/O Late
Koirang.
2. Shri N. Tikendra Singh, aged about 62 years, S/O Late N.
Ador Singh.
3. Shri S. Biren Singh, aged about 61 years, S/O Late S.
Shama.
4. Shri O. Mangi Singh, aged about 65 years, S/O Late O.
Mani.
5. Shri W. Binoy Singh, aged about 63 years, S/O Late W.
Brajamohan Singh.
6. Shri AK Tomboi Singh, aged about 63 years, S/O AK.
Ibomcha.
7. Shri S. Dino Singh, aged about 62 years, S/O S. Ibomcha
Singh.
8. Shri Mayanglambam (O) Barni, aged about 81 years, W/O
Late M. Tompok Singh.
9. Smt. Laishram (O) Ibechaobi Devi, aged about 60 years,
W/O (L) L. Guni Khuman.
10. Shri Laishram Khumanningthou Meitei, aged about 32
years, S/O (L) L. Guni Khuman.
11. Shri Laishram Chingkheinganba Meitei, aged about 30
years, S/O (L) L. Guni Khuman.
12. Kumari Laishram Linthoingambi Channu, aged about 25
years, D/O (L) L. Guni Khuman.
CRP (CRP Article 227) No. 19 of 2014
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-- -- All are residents of Lamphel Khunou, P.O. &
P.S. Lamphel, District Imphal West, Manipur.
...Petitioners
-Versus-
1. The State of Manipur represented by the
Commissioner/Secretary (Revenue), Government of
Manipur, Imphal.
2. The Deputy Commissioner/Collector, Imphal West District,
Government of Manipur, Imphal.
3. The RIMS, represented by the Director RIMS,
Lamphelpat, Imphal, Manipur.
.... Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
For the Petitioners :: Mr. T. Rajendra, Sr. Adv.
Mr. Sh. Bikash Sharma, Adv.
For the Respondents :: Mr. Lenin Hijam, Advocate General
Mr. L. Somorendro Roy, Adv.
Mr. W. Darakishwor, Sr. PCCG.
.
Date of Hearing and
Judgment & Order :: 29.08.2024
JUDGMENT AND ORDER
(ORAL)
1. Mr. T. Rajendra, learned senior counsel assisted by Mr.
Sh. Bikash Sharma, learned counsel appears on behalf of the
applicants; Mr. Lenin Hijam, learned Advocate General assisted by Mr.
L. Somorendro Roy, learned counsel appears on behalf of the
CRP (CRP Article 227) No. 19 of 2014
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respondents No. 1 and 2 and Mr. W. Darakishwor, learned Sr. PCCG
appears on behalf of respondent No. 3.
2. The present civil revision petition was instituted on
behalf of N. Indrakumar Singh and 11 Others assailing the
impugned judgment and order dated 5th of February, 2014 passed
by the District Judge, Manipur East in Misc. Civil Appeal No. 13 of
2013/39 of 2013 (Ref:- (i) J.M. Case No. 345 of 2007 & 98 of 2013
and (ii) O.S. No. 41 of 2007) (N. Indrakumar Singh and 9 Others
Versus State of Manipur and 2 Others) whereby they were denied
temporary injunction against eviction from the suit land.
3. It is an admitted position that subsequent upon the
passing of the impugned order dated 5th of February, 2014, the Sub-
Divisional Officer, Imphal West vide Notice dated 16th of February,
2024 requested the revision petitioner to show cause in writing
along with supporting documents as to why occupation of the suit
land and any structures constructed thereon be not
declared/proclaimed as unauthorized occupation.
4. Subsequent thereto the revision petitioner instituted
writ petition WP(C) No. 172 of 2024 titled N. Indrakumar Singh
and 5 Others Versus State of Manipur and 4 Others before this
Court inter alia assailing action of the SDO, Lamphel, Imphal West.
CRP (CRP Article 227) No. 19 of 2014
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5. The learned Single Judge vide order dated 18 th of
March, 2024 closed the said writ petition WP(C) No. 172 of 2024 by
directing as follows :
"The learned senior counsel further undertakes that
the petitioners will file an application for issuing certified
copies of the (1) allotment order dated 08.12.2023; (2) deed
of allotment being No. 14 dated 04.01.2024; (3) Jamabandi
being No. E(Old) 1760 (New) issued in the name of the
Director, Health Services, Manipur; (4) letter dated
08.02.2024 of the Director Health Services, Manipur to the
Deputy Commissioner, Imphal West being No. J/PMDev
INE/2022-DHS dated 08.02.2024; (5) letter of the Additional
Deputy Commissioner, Imphal West dated 09.02.2024
addressed to the SDO, Lamphel, Impal West and (6) a copy of
the field enquiry report of the SubDeputy Collector, Imphal
West (Central-I) dated 16.02.2024, within a period of 2 (two)
days from today to the appropriate authorities.
Mr. Lenin Hijam, the learned AG fairly submitted that
the necessary steps will be taken up by the concerned
authorities as and when the said application is filed and the
certified copies of the documents applied for by the petitioners
will be supplied to them within a period of 1 (one) week from
the date of receipt of the application.
In view of the submission made above, it is hereby
ordered that the petitioners may file any appropriate
application or petition before the competent civil court within
a period of 1(one) month from the date of receipt of the
certified copy of the documents mentioned hereinabove and
during the aforesaid period of one month, status quo as on
today of the suit land shall be maintained. It is further made
CRP (CRP Article 227) No. 19 of 2014
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clear that if any prayer for passing interim injunction or stay
is made by the petitioners, the competent court is at liberty to
consider the same on merit. It is also made clear that this court
has not considered anything on merit while passing the order
for maintaining status quo."
6. Learned counsel appearing on behalf of the parties do
not refute the factual position that the certified copies of the
allotment order dated 08.12.2023 sought by the revision petitioners
have been supplied to them today.
7. In view of the foregoing, Mr. T. Rajendra, learned
senior counsel appearing on behalf of the petitioners seeks leave
to withdraw this revision petition and the pending applications with
liberty to file an appropriate application or petition before the
competent civil Court within a period of 1 (one) month from today
praying for an interim injunction or stay inter alia dispossession
from the suit land. Leave and liberty granted.
8. Needless to state that the Court of competent
jurisdiction is at liberty to consider the proposed proceeding to be
instituted on behalf of the revision petitioners on its own merits, in
accordance with law.
9. Further, in terms of the directions issued by the
learned Single Judge vide order dated 18th of March, 2024 whilst
disposing the writ petition WP(C) No. 172 of 2024 (N. Indrakumar
CRP (CRP Article 227) No. 19 of 2014
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Singh and 5 Others Versus State of Manipur and 4 Others); the
parties shall maintain status quo as of today in relation to the suit
land for a period of 30 (thirty) days from today.
10. No further relief is prayed for.
11. With the above directions, revision petition and the
pending applications are disposed of.
12. Before parting with the order it is clarified that this
Court has not expressed any opinion on the merits of the case in
relation to the subject proceeding.
CHIEF JUSTICE
FR/NFR
Sushil
CRP (CRP Article 227) No. 19 of 2014
