Manipur High Court
Waikhom Leishabi Singh & 16 Ors vs Leitanthem Suchindro Singh & 6 Ors on 24 June, 2024
Digitally signed
KABORAMBA by KABORAMBAM
M SANDEEP SANDEEP SINGH
Date: 2024.06.26
SINGH 12:52:58 +05'30'
Item Nos. 13-16
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WA No. 53 of 2019
Waikhom Leishabi Singh & 16 ors.
Appellants
Vs.
Leitanthem Suchindro Singh & 6 ors.
Respondents
With
WA No. 55 of 2019
With
MC(WA) No. 58 of 2019
With
MC(WA) No. 59 of 2019
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
ORDER
24.06.2024
Siddharth Mridul, C.J.:
Mr. Ng. Jotindra Luwang, learned counsel, appears on behalf of the
appellants; Mr. A. Romendro Sharma, learned counsel, appears on behalf of
respondent Nos. 1 & 2; M. Rarry, learned Special State Counsel, appears on behalf
of respondent Nos. 3, 4 & 5; Mr. N. Zequeson, learned counsel, appears on behalf
of respondent No. 6; and Mr. Y. Romeshchandra, learned counsel, appears on
behalf of respondent No. 7.
The present writ appeals assail the judgment and order dated
03.07.2019 rendered by the learned Single Judge in W.P. (C) No. 829 of 2016,
whereby the appellants inter alia were directed to vacate and handover vacant
possession of the shops allotted to them by the Thoubal Municipal Council vide
order dated 18.11.2015.
W.A. No. 53 of 2019; with Ors. Page 1
The principal grievance articulated on behalf of the appellants is that
no show cause notice or opportunity was afforded to them by the Thoubal Municipal
Council before the impugned directions made in the said judgment and order dated
03.07.2019 was passed.
Mr. M. Rarry, learned Special State Counsel, appearing on behalf of
respondent Nos. 3, 4 & 5, invites our attention to Sub-Section (5) of Section 63 of
the Manipur Municipalities Act, 1994, to urge that no term of lease could, in any
event, have been granted to the appellants exceeding a period of 3 (three) years,
as was done by the Thoubal Municipal Council. Furthermore, he contends that the
said allotment on lease was made without prior approval of the Government.
Having heard learned counsel appearing on behalf of the parties, and
in view of the circumstance that 5 (five) years have elapsed since the institution of
the present appeals, we dispose of the same, whilst granting liberty to the Thoubal
Municipal Council to take appropriate steps in accordance with law to recover
possession of the leased premises granted to the appellants in accordance with
law, i.e., after affording the latter an opportunity of being heard.
It is further clarified that the Thoubal Municipal Council shall pass a
detailed speaking order, after affording the appellants an opportunity of
representing against termination of their lease in accordance with law.
Needless to state that, till the rendition of the speaking order by the
Thoubal Municipal Council, the possession of the appellants shall not be disturbed.
The above order has been passed with the consent of learned counsel
appearing on behalf of the parties.
W.A. No. 53 of 2019; with Ors. Page 2
No further directions are prayed of.
The present writ appeal as well as the connected miscellaneous
applications are accordingly disposed of.
Registry is directed to furnish a copy of this order to all the learned
counsel appearing for the parties.
JUDGE CHIEF JUSTICE
Sandeep
W.A. No. 53 of 2019; with Ors. Page 3
