Union Of India vs Khumanthem Nagor Singh & 3 Ors
2024 Latest Caselaw 2 Mani

Manipur High Court

Union Of India vs Khumanthem Nagor Singh & 3 Ors on 10 January, 2024

LAIREN Digitally
       signed by
MAYUM LAIRENMAYU
       M INDRAJEET
                                                                                           Item No. 31

INDRAJ SINGH                          IN THE HIGH COURT OF MANIPUR
EET
       Date:
       2024.01.11                               AT IMPHAL
       16:31:02
SINGH +05'30'                            Review.Pet. No. 16 of 2023

                       Union of India
                                                                                         Petitioner
                                             Vs.
                       Khumanthem Nagor Singh & 3 ors.
                                                                                     Respondents
                                           BEFORE
                     HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
                     HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
            10.01.2024
            Siddharth Mridul, C.J.:

Mr. Kh. Samarjit, learned DGSI, appears on behalf of the review petitioner; Mr. M. Rakesh, learned counsel, appears on behalf of respondent No. 1; Mr. R.K. Umakanta, learned G.A., appears on behalf of respondent Nos. 2 & 3; and Mr. W. Darakeshwar, learned Sr. PCCG, appears on behalf of respondent No. 4.

The present review petition under the provision of Chapter IX of the High Court of Manipur Rules, 2019 read with Order 47 CPC has been instituted on behalf of the Union of India, seeking review of the Judgment & Order dated 21.07.2022 rendered by this Court in W.P. (C) No. 496 of 2019; in sum and substance, on the ground that, directions were issued to them thereby, even though they had not been impleaded as a party respondent.

It is an admitted position that in an earlier proceeding instituted on behalf of the original petitioner, the Union of India had been impleaded as a party respondent; whereas they have not been so impleaded in the said W.P. (C) No. 496 of 2019.

There is no quarrel with the legal position that the Union of India is a proper party to the said writ petition, particularly, in view of the relief prayed for therein. Learned counsel appearing on behalf of the original petitioner does not seriously contend to the contrary.

In view of the foregoing, the present review petition is allowed. Union of India is directed to be impleaded as a party to the said W.P. (C) No. 496 of 2019 and the writ petition is directed to be listed for hearing afresh on 13.02.2024.

The Union of India prays for and is granted permission to file a counter affidavit to the said writ petition before the next date of hearing, after providing an advance copy thereof to the learned counsel appearing on behalf of the original petitioner.

No further directions are prayed for in this petition.

The same is allowed in the above terms and disposed of.

                        JUDGE                               CHIEF JUSTICE
Indrajeet