State Of Manipur; & Ors vs Ahanthem Abani Singh; & Ors
2025 Latest Caselaw 720 Mani

Manipur High Court

State Of Manipur; & Ors vs Ahanthem Abani Singh; & Ors on 11 November, 2025

KABORAMB Digitally signed
AM       by KABORAMBAM
         SANDEEP SINGH
SANDEEP  Date: 2025.11.12
SINGH    10:57:55 +05'30'                                                   Sl. No. 9

                            IN THE HIGH COURT OF MANIPUR
                                      AT IMPHAL
                                MC (W.A.) No. 70 of 2025

               State of Manipur; & Ors.
                                                                         Applicants
                                     Vs.
              Ahanthem Abani Singh; & Ors.
                                                                       Respondents

BEFORE HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA (ORDER)

(Order of the Court was made by M. Sundar, CJ)

11.11.2025 [1] Captioned Miscellaneous Case (MC) has been filed with a

Condonation of Delay (CoD) prayer qua 1136 days delay in preferring an intra-

court appeal, namely, Writ Appeal (WA) assailing 'judgment and order dated

11.04.2022 made in W.P. (C) No. 41 of 2020' (hereinafter 'impugned order' for

the sake of brevity).

[2] Mr. M. Rarry, learned senior counsel instructed by Ms. Nikita

Mangsatabam, learned counsel for applicants and Mr. A. Romenkumar, learned

senior counsel instructed by Mr. RK Banna, learned counsel on record for all 29

respondents are before this Court.

[3] Before we make a record of the proceedings, it is deemed appropriate

to write that captioned matter is listed under the cause list caption 'SERVICE NOT

COMPLETED'. This is plainly incorrect as all the 29 respondents have entered

appearance through counsel, Mr. RK Banna and senior counsel Mr. A. Romenkumar

is appearing on his behalf. Registry to list the matter under the caption 'FOR

ARGUMENTS/FOR HEARING' in the next listing.

[4] Reverting to the trajectory the matter has taken, Mr. A. Romenkumar,

learned senior counsel appearing on behalf of counsel on record for respondents,

raises a preliminary objection and that preliminary objection is that the main WA itself

is not maintainable. Mr. M. Rarry, learned senior counsel appearing on behalf of

counsel on record for applicants, contends to the contrary and submits that it is

maintainable.

[5] Maintainability issue arises in the following manner:

Assailing the impugned order, State filed an SLP in Hon'ble Supreme

Court, SLP was dismissed (dismissed at pre-leave stage), State filed Review in Hon'ble

Supreme Court seeking review of SLP order, the Review was also dismissed by

Hon'ble Supreme Court, thereafter, State, in this Court sought review of impugned

order but with a CoD application seeking condonation of delay qua Review and CoD

also was dismissed by a Single Bench of this Court, State has admittedly not assailed

the CoD order but has filed the captioned main WA albeit with a CoD application

seeking CoD of 1136 days delay.

[6] While Mr. A. Romenkumar, learned senior counsel appearing on behalf

of counsel on record for respondents, contends that State after having approached

Hon'ble Supreme Court unsuccessfully, after having sought review in this Court and

suffered a dismissal of the CoD application qua Review, cannot now file an intra-court

appeal, Mr. M. Rarry, learned senior counsel appearing on behalf of counsel on record

for appellants, contends to the contrary and submits that it is maintainable. This issue

has to be first determined by this Court.

[7] For determining the above issue, it is imperative for this Court to have

the benefit of the 'SLP order', 'Review order of Hon'ble Supreme Court' as well as

'CoD dismissal order made by Single Bench'. Learned State counsel sought time to

produce those orders. Request acceded to.

[8]           List on 08.12.2025.




                     JUDGE                              CHIEF JUSTICE
Sandeep