A Phulchand Sharma v. Presiding Officer Revenue Tribunal, Lamphelpat and 10 Ors

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IN THE HIGH COURT OF MANIPUR AT IMPHAL CRP(C.R.P.Art.227) No. 25 of 2021 A. Phulchand Sharma

… Petitioner/s Vs. Presiding Officer Revenue Tribunal, Lamphelpat & 10 ors.

… Respondent/s

B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 08-05-2024 Heard Mr. A. Phulchand Sharma, the petitioner appearing in person; Mr. A. Sachikumar, learned counsel appearing for respondent Nos. 2 to 8 and Mr. Th. Vashum, learned GA appearing for respondents Nos. 9 & 10. [2]

The case of the petitioner is that the petitioner filed an application before the Revenue Tribunal, Manipur on 03-03-2020 for setting aside the order dated 19-02-2020 passed by the Revenue Tribunal dismissing the Revenue Revision case No. 11 of 2006 for non prosecution. [3]

It is the case of the petitioner that the said restoration application was not registered by the Revenue Tribunal and having been aggrieved, petitioner approached this Court by filing the present Revision petition with a prayer for issuing direction to the Presiding Officer, Revenue Tribunal, Lamphelpat for registration of the said restoration application and for taking up its proceeding. IN. 52 LAISHRAM DHAKESH ORI DEVI Date: 2024.05.08 16:09:53 +05'30' Page 2

[4]

It has been submitted by Mr. A. Sachikumar, learned counsel appearing for the private respondents that subsequent to the filing of this Revision petition, the Revenue Tribunal passed an order on 13-12-2022 in Revenue Misc. Case No. 131 of 2022 wherein it has been observed by the Revenue Tribunal that the said restoration application alleged to have been filed by the petitioner on 03-03-2020 was not found on record and accordingly, the Revenue Tribunal has given a finding that the prayer for registration of the said restoration application cannot be granted. It has further been submitted that the Revenue Tribunal disposed of the application by giving liberty to the present petitioner to file a fresh restoration application along with condonation application. [5]

It has also been submitted at the bar that pursuant to the said order of the Revenue Tribunal dated 13-12-2022, the present petitioner has already filed two Misc. applications, one, for restoration of the connected Revenue Revision Case No. 11 of 2006 and another application for condoning the delay in filing the restoration application. The said condonation application which was registered as Revenue Misc. Case No. 158 of 2022 is pending before the Revenue Tribunal. [6]

In view of the above, it has been submitted by the learned counsel appearing for the respondents that no cause survives for adjudication in the present petition and the present petition can be closed as infructuous. Page 3

[7]

Mr. A. Phulchand Sharma, the petitioner appearing in person fairly endorsed the submission made by the learned counsel appearing for the respondents. [8]

Taking into consideration the submissions made by the learned counsel appearing for the parties, this Court is of the considered view that no cause survives for adjudication in the present petition.

Accordingly, the present petition is dismissed as infructuous. -

JUDGE

Dhakeshori