Citation : 2025 Latest Caselaw 362 Mani
Judgement Date : 28 May, 2025
Digitally signed by
KABORAMBAM KABORAMBAM
SANDEEP SINGH
SANDEEP SINGH Date: 2025.05.29
10:27:15 +05'30' Clubbed with
Review. Pet. No. 25 of 2025 with
MC [W.P. (C)] No. 66 of 2025 with
W.P. (C) No. 76 of 2025
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Review. Pet. No. 24 of 2025
Indira Sarangthem
Petitioner
Vs.
Athokpam Herojit Singh; & Ors.
Respondents
BEFORE HON'BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
(ORDER)
(K. SOMASHEKAR, C.J.)
28.05.2025
The proceeding in Review. Pet. No. 24 of 2025 is clubbed with
proceeding in Review. Pet. No. 25 of 2025 as well as proceeding in MC [W.P. (C)]
No. 66 of 2025 and proceeding in W.P. (C) No. 76 of 2025.
Learned senior counsel, namely Mr. M. Devananda, is present before
the Court physically for the petitioner in Review. Pet. No. 24 of 2025, respondent
No. 2 in Review. Pet. No. 25 of 2025 and respondent No. 3 in W.P. (C) No. 76 of
2025.
Learned senior counsel, namely, Mr. BP Sahu, is present before the
Court physically for the petitioner in Review. Pet. No. 25 of 2025, respondent Nos.
2 & 3 in Review. Pet. No. 24 of 2025 and respondent Nos. 1 & 2 in W.P. (C) No. 76
of 2025.
Page | 1 Learned senior counsel namely, Mr. S. Biswajit, is present before the
Court physically for the petitioner in W.P. (C) No. 76 of 2025 and respondent No.
1 in Review. Pet. No. 24 of 2025 and Review. Pet. No. 24 of 2025.
However, the review petitions have been initiated under Chapter IX
of the High Court of Manipur Rules, 2019 whereby seeking for review of the order
dated 28.04.2025 rendered by the Co-ordinate Bench of this Court in MC [W.P. (C)]
No. 144 of 2025 arising out of W.P. (C) No. 76 of 2025. The order rendered by the
Co-ordinate Bench in MC [W.P. (C)] No. 144 of 2025 has been seeking for
intervention in terms of the review petitions have been filed.
Accordingly, it is clarified the position in which in the presence of the
learned senior counsel in the review proceeding.
Whereas the proceeding in W.P. (C) No. 76 of 2025 is initiated by the
petitioner against the respondents seeking for quashing the order dated 24.01.2025
of the Central Administrative Tribunal, Guwahati in O.A. No. 042/00213/2024 and
Misc. Application No. 042/00107/2024. Mr. M. Devananda, Learned senior counsel
for respondent No. 3 in the writ petition, submits that he has already filed some
sort of an objection to this writ petition and copy of the same has also been
furnished to the learned senior counsel for the petitioner. In that objection, learned
senior counsel has raised the ground of maintainability of the writ petition. This
statement made by the aforesaid learned senior counsel is taken on record.
However, Mr. BP Sahu, learned senior counsel for respondent Nos. 1
& 2 in the writ petition, has not filed any sort of objection to this writ petition but
he has relied upon which has been filed before the Central Administrative Tribunal,
Page | 2 Guwahati and this statement which is made by the learned senior counsel for
respondent Nos. 1 & 2 in the writ petition is also taken on record.
However, Mr. BP Sahu, learned senior counsel is directed to furnish
copy of the said objection which has been filed before the Central Administrative
Tribunal, Guwahati, in this matter for the purpose of reference and copy of the
same shall be furnished to the learned senior counsel for the petitioner, namely,
Mr. S. Biswajit in the writ petition.
Accordingly, made an observation.
Keeping in view the status in these matters learned senior counsel for
the parties in the aforesaid review petitions as well as the proceeding in writ petition
be directed to submit in writing in respect of issues to be addressed in between the
parties to these proceedings and the same shall be submitted on the next date of
hearing for consideration.
In the meanwhile, Mr. M. Deevananda, learned senior counsel for
respondent No. 3 in the writ petition has placed reliance in the case of Union of
India and others. Vs. Ranbir Singh Rathaur and ors. reported in (2006) 11
SCC 696, wherein observation has been made in para No. 42 the High Court shall
first decide the preliminary objections raised by the present appellants about the
non-maintainability of the writ petitions. This para No. 42 has been relied by Mr.
M. Devananda, learned senior counsel for respondent No. 3 in this writ proceeding.
Accordingly, made an observation.
Consequently, the learned senior counsel for the petitioner in the writ
petition shall respond to this.
Page | 3 However, keeping in view the status in all these matters are
concerned, it is deemed appropriate that learned counsel for the parties are
directed to facilitate the judgment of Parsion Devi and ors vs. Sumitri Devi
and ors. reported in (1997) 8 SCC 715
Accordingly, made an observation.
Consequently, the proceeding in W.P. (C) No. 76 of 2025 has to be
heard firstly and thereafter the proceedings in review petitions as well as the
miscellaneous application will be heard.
Hence, these matters would be listed on 04.06.2025.
JUDGE CHIEF JUSTICE
Sandeep
Page | 4
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