Citation : 2026 Latest Caselaw 2451 Mani
Judgement Date : 4 April, 2026
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2026.04.06
VICTORIA 16:48:41 +05'30' Suppl.-1 Item Nos. 1-2
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 261 of 2026
Sanasam Boby Singh & 5 Ors.
...Petitioners
- Versus -
State of Manipur & 6 Ors.
...Respondents
With
MC(WP(C)) No. 285 of 2026
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
04-04-2026
[1] These matters are taken up as unlisted item in Supplementary-1
due to urgency involved in the matters.
[2] Present Mr. N. Jotendro, learned senior counsel assisted by Md.
Syed Murtaza Ahmed, learned counsel for the petitioners; Mr. L. Raju,
learned counsel for respondent No. 2 (IMC); and Mr. M. Rendy, learned
counsel for respondent No. 7. Also present Mr. Th. Sukumar, learned
Government Advocate for respondent No. 1, 3, 4 & 5 through video
conferencing
[3] Mr. M. Rendy, learned counsel for respondent No. 7, submits that
respondent No. 7 has filed CAVEAT No. 37 of 2026 on 26-03-2026. Caveat
is not listed today. However, since the writ petition is filed challenging the
impugned letter dated 09-03-2026 issued by the Municipal Commissioner,
Imphal Municipal Corporation (IMC), caveat is discharged.
[4] Mr. N. Jotendro, learned senior counsel for the petitioner, submits
that the petitioners and others, 13 in number, are allottees of the shops at
Ngari Dukan, Temporary Market Complex, Khwairamband Bazar vide order
dated 04-07-2015 issued by the Chairperson, Imphal Municipal Corporation
(IMC). The allotment order was challenged by respondent No. 7 by way of
writ petition being WP(C) No. 529 of 2016 and vide order dated 03-06-2022,
this Court set aside the allotment order dated 04-07-2015 allotted to the
petitioners herein and directed the IMC to allot shop Nos. 4, 5, 6, 8, 9 & 10
dividing half and half to the petitioners herein and respondent No. 7. In
compliance of this order, the IMC issued an order dated 16-04-2025
distributing shop Nos. 4, 5 & 6 were allotted to respondent No. 7 and shop
Nos. 8, 9 & 10 were allotted to the petitioners herein. It may be recorded that
this order dated 16-04-2025 making allotment in terms of the order dated
03-06-2022 passed by this Court in WP(C) No. 529 of 2016, is not
challenged before any other forum and no case is pending. However, CONT.
CAS(C) No. 5 of 2023 is filed by respondent No. 7 herein for non-compliance
of the order dated 03-06-2022 in WP(C) No. 529 of 2016 and in the order
dated 11-04-2025, the counsel appearing on behalf of IMC submitted that
compliance order would be issued within two weeks. Thereafter, this Court
passed an order dated 16-10-2025 in CONT. CAS(C) No. 5 of 2023 whereby
IMC was directed to submit a report. By the present petition, the petitioners
have challenged the impugned letter dated 09-03-2026 issued by the
Municipal Commissioner, IMC informing the Officer-in-charge, City Police
Station, Imphal West to handover the keys for shop Nos. 4, 5 & 6 to
respondent No. 7. The order also recorded that this letter was issued in
continuation to the order dated 16-04-2025 allotting shop Nos. 4, 5 & 6 to
respondent No. 7 and shop Nos. 8, 9 & 10 to the petitioners herein.
[5] Mr. N. Jotendro, learned senior counsel for the petitioners, submits
that the letter is in complete disobedience of the order dated 16-10-2025
passed by this Court in CONT. CAS(C) No. 5 of 2023. It is submitted that
during the pendency of the present petition, the impugned letter dated 09-
03-2026 issued by IMC to the Officer-in-charge, City Police Station, Imphal
West be stayed.
[6] Mr. L. Raju, learned counsel for IMC, submits that the writ petition
is not maintainable in the present form as the impugned letter dated 09-03-
2026 was issued in furtherance of the order dated 16-04-2025 issued by
IMC allotting shop Nos. 4, 5 & 6 to respondent No. 7 and shop Nos. 8, 9 &
10 to the petitioners herein and the same is done in compliance of the order
dated 03-06-2022 passed by this Court in WP(C) No. 529 of 2016 and the
petitioners have not challenged the allotment order dated 16-04-2025 and
hence, the subsequent letter informing the Officer-in-charge of City Police
Station, Imphal West to handover the keys in terms of the order dated 16-
04-2025 is not maintainable. It is the case for the petitioners that the
impugned letter dated 09-03-2026 for handing over keys to respondent No.
7 is issued in complete disobedience of the order dated 16-10-2025 in
CONT. CAS(C) No. 5 of 2023. It is pointed out that the contempt case is
pending before the Court of Hon'ble Mr. Justice A. Bimol Singh and it may
not be appropriate for this Court to decide the matter on merit.
[7] Mr. M. Rendy, learned counsel for respondent No. 7, submits that
in the representation dated 01-04-2026 (Annexure-A/13) submitted by the
petitioners to the Officer-in-charge, City Police Station, it is admitted that the
keys have already been given to respondent No. 7 and since the order has
already been complied, the cause of the writ petition does not survive.
[8] Mr. N. Jotendro, learned senior counsel for the petitioners, submits
that by the order dated 16-04-2025 issued by IMC, three shops, i.e. shop
Nos. 4, 5 & 6 have been allotted to respondent No. 7 and shop Nos. 8, 9 &
10 have been allotted to the petitioners herein, but IMC selectively informed,
by impugned letter dated 09-03-2026, the Officer-in-charge, City Police
Station, Imphal West to handover the keys for shop Nos. 4, 5 & 6 only. It is
submitted that it will suffice if IMC also gives instructions to the Officer-in-
charge, City Police Station, to hand over the keys for shop Nos. 8, 9 & 10 to
the petitioners.
[9] Mr. L. Raju, learned counsel for IMC, submits that the petitioners
may move a proper application in this regard to IMC and the prayer is not a
subject matter in this petition.
[10] The main allegation in the writ petition is that the impugned letter
dated 09-03-2026 issued by IMC is in complete disobedience of the order
dated 16-10-2025 passed by this Court (Hon'ble Mr. Justice A. Bimol Singh)
in CONT. CAS(C) No. 5 of 2023. It will be prudent if these matters are placed
before the same Bench. It is also stated that CONT. CAS(C) No. 5 of 2023
is listed before the Court of Hon'ble Mr. Justice A. Bimol Singh on 10-04-
2026. In the circumstances, the Registry is directed to place these matters
before Hon'ble the Chief Justice on administrative side for listing before the
appropriate Bench.
JUDGE
Victoria
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