S Biaklunthang vs State Of Manipur And 2 Ors
2025 Latest Caselaw 130 Mani

Manipur High Court

S Biaklunthang vs State Of Manipur And 2 Ors on 30 July, 2025

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

                                                              Suppl. Item no. 1 & 2
           Digitally
OINAM signed  by       IN THE HIGH COURT OF MANIPUR
       OINAM                     AT IMPHAL
THOIB THOIBA
       MEITEI
A      Date:
       2025.07.30
                            W.P. (C) No. 560 of 2025 with
MEITEI 15:55:08
       +05'30'
                            MC(W.P. (C)) No. 535 of 2025

S Biaklunthang
                                                                      ... Petitioner

                                      - Versus -

State of Manipur and 2 Ors.
                                                                 ... Respondents

                              B E F O R E
               HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

                                       ORDER

30.07.2025

[1] Heard Mr. Serto T Kom, learned counsel for the petitioner.

[2]      Issue notice.

[3]      Mr. A. Bheigya, learned jr. Govt. counsel assisting Mr. H. Samarjit,

learned GA accept notice on behalf of respondent nos. 1, 2 & 3. Hence, service of notice is complete on the respondents.

[4] The learned GA for the respondents prays for 3(three) weeks' time for filing counter affidavit.

[5] The learned counsel for the petitioner prays for interim stay of the impugned eviction notice dated 11.07.2025 issued by the Sub-Divisional Officer/ Magistrate, Churachandpur whereby, the petitioner has been directed to vacate from the Government land in pursuance to Section 4(a)(1)(i) of Manipur Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1985.

[6] The learned counsel for the petitioner draws the attention of this Court vide order dated 22.09.1998 passed by SDM, Churachandpur that the Jamabandi/ Patta awarded to the petitioner was cancelled. However, the same was reinstated by order dated 16.08.2000 issued by SDO, Churachandpur in pursuance to the judgment dated 22.11.1999 passed by Revenue Tribunal, Manipur in Revenue Revision Case No. 20 of 1999 thereby, reinstating the homestead land to the petitioner in respect of the land of the eviction.

[7] It is submitted that the eviction notice issued against the petitioner is not tenable as the petitioner is stayed in his own homestead land.

[8] It is submitted that during the pendency of the present writ petition the effect of impugned eviction notice be stayed.

[9] Accordingly, during the pendency of the present writ petition, the petitioner shall not be evicted from his land till next date.

[10]     List these cases on 29.08.2025.

[10]     Furnish a copy of this order to the learned counsel appearing for the

parties in the course of the day by whatsapp or e-mail.

JUDGE

Thoiba