Heigrujam Sumatibala Devi v. State of Manipur and 4 Others

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Items No. 76-77

IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP(C) No. 269 of 2022

Thiyam Ibeyaima Devi, aged about 49 years, D/o Thiyam Ibobi Singh, resident of Wahengbam Leikai, PO & PS Imphal, District Imphal West, Manipur-795001 .....Petitioner -Versus-

¶1The State of Manipur, through the Commissioner (Art & Culture), Govt of Manipur, having its office at Old Secretariat Building, Imphal-795001

¶2The Deputy Commissioner, Imphal West District, having its office at Babupara, Imphal-795001

¶3The Superintendent of Police, Imphal West District, having its office at Babupara, Imphal-795001

¶4The Smart Society, Manipur, a society registered under the Manipur Societies Registration Act, 1989 being Regn. No. 253/SR/IW/2003(M), having its office at Sagolband Tera Loukrakpam Leikai, Imphal, represented by its General Secretary, Elangbam Brojendro Singh, aged about 42 years, s/o late E. Bhubaneshwor Singh of Keishamthong Elangbam

¶5The Salai Holdings Pvt. Ltd, a company incorporated under the Companies Act, 2013 being Regn. No. SHAMURAILATPAM SUSHIL SHARMA Date: 2023.02.01 12:01:55 +05'30' 2 | P a g e

008390 of 2014 and CIN No. U74900MN2014 PTC008390, having its office at Sagolband Tera Loukrakpam Leikai, Imphal, represented by its Managing Director, Elangbam Brojendro Singh, aged about 42 years, s/o late E. Bhubaneshwor Singh of Keishamthong Elangbam Leikai, PO & PS Imphal, District Imphal West, Manipur-795001 ......Respondents With WP(C) No. 268 of 2022 Heigrujam Sumatibala Devi, aged about 61 years, W/o Thongbam Tomba Singh, resident of Wahengbam .....Petitioner -Versus-

¶1The State of Manipur, through the Commissioner (Art & Culture), Govt of Manipur, having its office at Old Secretariat Building, Imphal-795001

¶2The Deputy Commissioner, Imphal West District, having its office at Babupara, Imphal-795001

¶3The Superintendent of Police, Imphal West District, having its office at Babupara, Imphal-795001

¶4The Smart Society, Manipur, a society registered under the Manipur Societies Registration Act, 1989 being Regn. No. 253/SR/IW/2003(M), having its office at Sagolband Tera Loukrakpam Leikai, Imphal, represented by its General Secretary, Elangbam Brojendro Singh, aged about 42 years, s/o late E. 3 | P a g e

Bhubaneshwor Singh of Keishamthong Elangbam

¶5The Salai Holdings Pvt. Ltd, a company incorporated under the Companies Act, 2013 being Regn. No. 008390 of 2014 and CIN No. U74900MN2014 PTC008390, having its office at Sagolband Tera Loukrakpam Leikai, Imphal, represented by its Managing Director, Elangbam Brojendro Singh, aged about 42 years, s/o late E. Bhubaneshwor Singh of Keishamthong Elangbam Leikai, PO & PS Imphal, District Imphal West, Manipur-795001 .....Respondents BEFORE HON'BLE MR. JUSTICE MV MURALIDARAN

27.01.2023

[1]

Heard Mr. S. Sachindra, learned counsel for the petitioners in both the writ petitions and Mrs. L. Monomala, learned GA for the respondents 1, 2 and 3 and Mr. Th. Jugindro, learned counsel for the respondents No. 4 and 5. [2]

The petitioners have filed both the writ petitions seeking the prayers as follows : "Prayer in WP(C) No. 269 of 2022 a) to issue rule nisi;

b) to call for the records from the concerned respondents; 4 | P a g e

c) to issue a writ in the nature of mandamus or any other writ of like nature or order/direction directing the respondent No. 1, Commissioner (Art & Culture), Government of Manipur to consider and take a final decision on the application dated 28-1-2022 (Annexure-A/8) filed by the petitioner under section 7(3) of the Banning of Unregulated Deposit Schemes Act, 2019 in accordance with law within a short period; d) to pass such further order/direction as may deem fit and proper in the facts and circumstances of the case, in the interest of justice." Prayer in WP(C) No. 268 of 2022 a) to issue rule nisi; b) to call for the records from the concerned respondents; c) to issue a writ in the nature of mandamus or any other writ of like nature or order/direction directing the respondent No. 1, Commissioner (Art & Culture), Government of Manipur to consider and take a final decision on the application dated 31-1-2022 (Annexure-A/8) filed by the petitioner under section 7(3) of the Banning of Unregulated Deposit Schemes Act, 2019 in accordance with law within a short period; d) to pass such further order/direction as may deem fit and proper in the facts and circumstances of the case, in the interest of justice." 5 | P a g e

[3]

Mr. S. Sachindra, learned counsel for the petitioners represented that the petitioners have filed the writ petitions with a simple prayer for directing the respondent No.1, the Commissioner (Art & Culture), Government of Manipur to take final decisions on the two applications submitted by the petitioners on 28.01.2022 (Annexure-A/8 to the writ petition in WP(C) No. 269 of 2022) and

31.01.2022 (Annexure-A/8 to the writ petition in WP(C) No. 268 of 2022) and the same is pending without any further progress. Therefore, he prayed this Court to pass appropriate orders by directing the respondent No. 1 to pass appropriate speaking orders on the applications submitted by the petitioners on 28.01.2022 and

31.01.2022 as stated hereinabove. [4]

On the other hand, Mrs. L. Monomala, learned GA for the respondents No. 1, 2 and 3 represented that the applications have been filed by the petitioners and the enquiry is yet to complete and the enquiry report will be submitted soon. Mr. Th. Jugindro, learned counsel for the respondents No. 4 and 5 seeks time to file counter affidavit. [5]

Considering the nature of the prayers sought for in the writ petitions, this Court is of the considered view that no prejudice will be caused to the respondents if the respondents are directed to pass appropriate orders on the petitioners' applications stated hereinabove. 6 | P a g e

[6]

Therefore, this Court is inclined to pass the following orders :

1) the writ petitions are disposed of. 2) the respondent No. 1 Commissioner (Art & Culture), Government of Manipur is directed to pass appropriate orders on the petitioners' representation dated 28.01.2022 (Annexure-A/8 to the writ petition in WP(C) No. 269 of 2022) and 31.01.2022 (Annexure-A/8 to the writ petition in WP(C) No. 268 of 2022) filed under section 7(3) of the Banning of Unregulated Deposit Schemes Act, 2019 within a period of 3 (three) months from the date of receipt of a certified copy of this order by giving fair opportunity to the petitioner as well as respondents No. 4 and 5.

JUDGE Sushil