Mangjacob Tungdim vs State Of Manipur
2025 Latest Caselaw 334 Mani

Manipur High Court

Mangjacob Tungdim vs State Of Manipur on 19 August, 2025

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

                                                              Item No. 17


             IN THE HIGH COURT OF MANIPUR
                       AT IMPHAL

                         WP(C) No. 210 of 2015

       Mangjacob Tungdim
                                                     .....Petitioner/s

                                  - Versus -

       State of Manipur
                                                     .... Respondent/s

BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

Order

19.08.2025

[1] Heard Mr. HS. Paonam, learned senior counsel assisted by Ms. Malemleima, learned counsel for the petitioners, Mrs. Ch. Sundari, learned G.A. for the State respondent Nos. 1 & 2 and Mr. K. Achouba, learned counsel for respondent No. 3. [2] In the present writ petition, the petitioners who are the sons of the earlier Chief i.e. respondent No. 4 (died during the pendency of the writ petition) challenged the impugned order dated 19.02.2014 passed by the Deputy Commissioner, Churachandpur declaring the respondent No. 3 as Chief of Tuinuphai village on the basis of sale deed registered on 10.10.2008 executed between respondent Nos. 3 & 4.

[3] The main ground for challenge is that the impugned order amounts to nullifying the judgment and decree dated 27.05.2013 in O.S. No. 1 of 2010/6 of 2011 passed by the Ld. Civil Judge (Senior Division), Churachandpur and upheld by the Ld. District Judge, Manipur West in judgment and decree dated 04.12.2013 in Civil Appeal No. 7 of 2013. By these two orders passed by the original and First Appellate Court, the order dated 23.05.2009 issued by the Deputy Commissioner, Churachandpur transferring the Chiefship to respondent No. 3 was set aside.

[4] Mr. HS. Paonam, learned senior counsel for the petitioner, submits that by the impugned order dated 19.02.2014, the Deputy Commissioner, Churachandpur restored the earlier order dated 23.05.2009 declaring the respondent No. 4 as Chief of Tuinuphai village. It is submitted that the impugned order dated 19.02.2014 amounts to overrule the judicial orders which have attained finality. [5] On the other hand, Mr. K. Achouba, learned counsel for respondent No. 3, submits that writ petition has become infructuous as respondent No. 4 expired during the pendency of the writ petition and LRs are not brought on record till date.

[6] Mrs. Ch. Sundari, learned G.A., submits that respondent No. 5 filed a short counter affidavit. It is stated that respondent No. 4 did not appear before the Deputy Commissioner at the time of passing the impugned order. The impugned order dated 19.02.2014 was passed considering the materials on record.

[7] On the other hand, Mr. HS. Paonam, learned senior counsel for the petitioner, submits that petitioner Nos. 1 & 2 are the only legal heirs of respondent No. 4 and as such, the cause of the writ petition still survives as the LRs are already on record. There is no need of bringing LRs on record, as no other LRs are left out. [8] Considering the issues involved in the present writ petition, this Court frame the following points of determination:

(i) Whether the writ petition has become infructuous with the death of respondent No. 4?

(ii) Whether the Deputy Commissioner, Churachandpur has power to nullify the findings arrived by the original and First Appellate Court in a civil suit and restored its earlier order which has already been set aside by the two Courts below?

                         [9]               List this case on 09.09.2025.




                                                                                           JUDGE

                                    Kh. Joshua Maring

KH. JOSHUA KH. JOSHUA MARING
MARING     Date: 2025.08.20
           09:49:24 +05'30'