Md. Tahir Ali Jamil v. State of Manipur

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Item No. 110 IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP(C) No. 326 of 2017 Md. Tahir Ali Jamil

…Petitioner/s Vs. State of Manipur

…Respondent/s

-B E F O R E-HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

16.10.2024 Heard Mr. N. Jotendro, learned senior counsel assisted by Md. Abdul Baqee Khan, learned counsel appearing for the petitioner ; Mr. Niranjan Sanasam, learned GA appearing for the respondent Nos. 1, 2 & 3 and Mr. Albert Keisam, learned counsel appearing for respondent No. 4. None appeared for respondent Nos. 5 & 6 despite service of notice.

[2] At the outset, learned senior counsel appearing for the petitioner submitted that the present writ petition can be disposed of by giving liberty to the petitioner to approach the competent authority, i.e. the Deputy Commissioner, Imphal East for giving authorization for construction of the community hall in question by submitting a written application within a period of two weeks from today. [3] The learned senior counsel appearing for the petitioner further submitted that pending consideration and disposal of the said application by the Deputy Commissioner, Imphal East, status quo of the structures of the community hall as on today be maintained. LAISHRA M DHAKESH ORI DEVI by LAISHRAM DHAKESHORI DEVI Date: 2024.10.16 15:50:23 +05'30' Page 2

[4] Mr. Niranjan Sanasam, learned GA and Mr. Albert Keisam, learned counsel appearing for the respondents fairly submitted that they have no objection in disposing of the present writ petition as prayed for by the learned senior counsel for the petitioner. [5] In view of the submission made above by the counsel appearing for the parties and on perusal of the records, the present petition is disposed of by issuing the following directions:-

(i) The petitioner is at liberty to approach the Deputy Commissioner, Imphal East by filing an application for giving authorization for construction of the community hall in question. The said application be filed within two weeks from today.

(ii) In the event of filing such an application by the petitioner within the stipulated period, the Deputy Commissioner, Imphal East is directed to consider the said application on its own merit and strictly in terms of the applicable act and rules and to dispose of the said application by passing appropriate orders within a period of three weeks from the date of receipt of the said application.

(iii) It is made clear that pending consideration and disposal of the said application filed by the petitioner, status quo of the structures of the community hall in question as on today shall be maintained.

(iv) It is also made clear that if the petitioner failed to file such an application within the stipulated period, the Page 3

official respondents are at liberty to take up appropriate action as permissible under law.

[6] With the aforesaid directions, the present writ petition is disposed of.

[7] Interim order, passed earlier, shall stand merged with the present order.

JUDGE

Dhakeshori