N Indrakumar Singh and 11 Ors v. State of Manipur and Ors

Judgment & Order ::

29.08.2024

JUDGMENT AND ORDER

(ORAL)

1.

Mr. T. Rajendra, learned senior counsel assisted by Mr. Sh. Bikash Sharma, learned counsel appears on behalf of the applicants; Mr. Lenin Hijam, learned Advocate General assisted by Mr. L. Somorendro Roy, learned counsel appears on behalf of the P a g e | 3

respondents No. 1 and 2 and Mr. W. Darakishwor, learned Sr. PCCG appears on behalf of respondent No. 3.

2.

The present civil revision petition was instituted on behalf of N. Indrakumar Singh and 11 Others assailing the impugned judgment and order dated 5th of February, 2014 passed by the District Judge, Manipur East in Misc. Civil Appeal No. 13 of 2013/39 of 2013 (Ref:- (i) J.M. Case No. 345 of 2007 & 98 of 2013 and (ii) O.S. No. 41 of 2007) (N. Indrakumar Singh and 9 Others Versus State of Manipur and 2 Others) whereby they were denied temporary injunction against eviction from the suit land.

3.

It is an admitted position that subsequent upon the passing of the impugned order dated 5th of February, 2014, the Sub-Divisional Officer, Imphal West vide Notice dated 16th of February, 2024 requested the revision petitioner to show cause in writing along with supporting documents as to why occupation of the suit land and any structures constructed thereon be not declared/proclaimed as unauthorized occupation.

4.

Subsequent thereto the revision petitioner instituted writ petition WP(C) No. 172 of 2024 titled N. Indrakumar Singh and 5 Others Versus State of Manipur and 4 Others before this Court inter alia assailing action of the SDO, Lamphel, Imphal West. P a g e | 4

5.

The learned Single Judge vide order dated 18th of March, 2024 closed the said writ petition WP(C) No. 172 of 2024 by directing as follows :

"The learned senior counsel further undertakes that the petitioners will file an application for issuing certified copies of the (1) allotment order dated 08.12.2023; (2) deed of allotment being No. 14 dated 04.01.2024; (3) Jamabandi being No. E(Old) 1760 (New) issued in the name of the Director, Health Services, Manipur; (4) letter dated

08.02.2024 of the Director Health Services, Manipur to the Deputy Commissioner, Imphal West being No. J/PMDev INE/2022-DHS dated 08.02.2024; (5) letter of the Additional Deputy Commissioner, Imphal West dated 09.02.2024 addressed to the SDO, Lamphel, Impal West and (6) a copy of the field enquiry report of the SubDeputy Collector, Imphal West (Central-I) dated 16.02.2024, within a period of 2 (two) days from today to the appropriate authorities.

Mr. Lenin Hijam, the learned AG fairly submitted that the necessary steps will be taken up by the concerned authorities as and when the said application is filed and the certified copies of the documents applied for by the petitioners will be supplied to them within a period of 1 (one) week from the date of receipt of the application.

In view of the submission made above, it is hereby ordered that the petitioners may file any appropriate application or petition before the competent civil court within a period of 1(one) month from the date of receipt of the certified copy of the documents mentioned hereinabove and during the aforesaid period of one month, status quo as on today of the suit land shall be maintained. It is further made P a g e | 5

clear that if any prayer for passing interim injunction or stay is made by the petitioners, the competent court is at liberty to consider the same on merit. It is also made clear that this court has not considered anything on merit while passing the order for maintaining status quo."

6.

Learned counsel appearing on behalf of the parties do not refute the factual position that the certified copies of the allotment order dated 08.12.2023 sought by the revision petitioners have been supplied to them today.

7.

In view of the foregoing, Mr. T. Rajendra, learned senior counsel appearing on behalf of the petitioners seeks leave to withdraw this revision petition and the pending applications with liberty to file an appropriate application or petition before the competent civil Court within a period of 1 (one) month from today praying for an interim injunction or stay inter alia dispossession from the suit land. Leave and liberty granted.

8.

Needless to state that the Court of competent jurisdiction is at liberty to consider the proposed proceeding to be instituted on behalf of the revision petitioners on its own merits, in accordance with law.

9.

Further, in terms of the directions issued by the learned Single Judge vide order dated 18th of March, 2024 whilst disposing the writ petition WP(C) No. 172 of 2024 (N. Indrakumar P a g e | 6

Singh and 5 Others Versus State of Manipur and 4 Others); the parties shall maintain status quo as of today in relation to the suit land for a period of 30 (thirty) days from today.

10.

No further relief is prayed for.

11.

With the above directions, revision petition and the pending applications are disposed of.

12.

Before parting with the order it is clarified that this Court has not expressed any opinion on the merits of the case in relation to the subject proceeding.

CHIEF JUSTICE FR/NFR Sushil

P a g e | 1 Item No. 48 IN THE HIGH COURT OF MANIPUR AT IMPHAL 1. Shri N. Indrakumar Singh, aged about 61 years, S/O Late Koirang. 2. Shri N. Tikendra Singh, aged about 62 years, S/O Late N. Ador Singh. 3. Shri S. Biren Singh, aged about 61 years, S/O Late S. Shama. 4. Shri O. Mangi Singh, aged about 65 years, S/O Late O. Mani. 5. Shri W. Binoy Singh, aged about 63 years, S/O Late W. Brajamohan Singh. 6. Shri AK Tomboi Singh, aged about 63 years, S/O AK. Ibomcha. 7. Shri S. Dino Singh, aged about 62 years, S/O S. Ibomcha Singh. 8. Shri Mayanglambam (O) Barni, aged about 81 years, W/O Late M. Tompok Singh. 9. Smt. Laishram (O) Ibechaobi Devi, aged about 60 years, W/O (L) L. Guni Khuman. 10. Shri Laishram Khumanningthou Meitei, aged about 32 years, S/O (L) L. Guni Khuman. 11. Shri Laishram Chingkheinganba Meitei, aged about 30 years, S/O (L) L. Guni Khuman. 12. Kumari Laishram Linthoingambi Channu, aged about 25 years, D/O (L) L. Guni Khuman. SHAMURAILATPAM SUSHIL SHARMA Date: 2024.09.02 16:07:48 +05'30' P a g e | 2 -- -- All are residents of Lamphel Khunou, P.O. & P.S. Lamphel, District Imphal West, Manipur. …Petitioners -Versus- 1. The State of Manipur represented by the Commissioner/Secretary (Revenue), Government of Manipur, Imphal. 2. The Deputy Commissioner/Collector, Imphal West District, Government of Manipur, Imphal. 3. The RIMS, represented by the Director RIMS, Lamphelpat, Imphal, Manipur. …. Respondents BEFORE HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL For the Petitioners :: Mr. T. Rajendra, Sr. Adv. Mr. Sh. Bikash Sharma, Adv. For the Respondents :: Mr. Lenin Hijam, Advocate General Mr. L. Somorendro Roy, Adv. Mr. W. Darakishwor, Sr. PCCG. . Date of Hearing and