Gangmei Luwangchao v. State of Manipur and 2 Others

O R D E R 07-06-2024

Heard Mr. E. Lalleiba, learned counsel appearing for the petitioner and Mr. Niranjan Sanasam, learned GA appearing for the respondents.

As the prayer made by the petitioner is very limited and as agreed to by both the counsel appearing for the parties, the present writ petition is being disposed of at the Motion stage itself.

At the outset, the learned counsel appearing for the petitioner submitted that the land in question has been under the possession of the petitioner and his late father for the last about 70 years and they had reclaimed it and make development with their own money and that they have been residing therein by constructing dwelling houses and by cultivating in the said land. As the petitioner and his family members have been in possession of the land in question, they have already applied in the prescribed format for allotment of the said land to the Deputy Commissioner, Thoubal on 17-04-2021 and the same is pending without any consideration. Subsequently, the petitioner again filed another representation dated 12-04-2024 to the concerned officials of the State Government for allotment of the said land in his favour. However, the said representation is also lying in the custody of the respondents without any consideration.

The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied for the time being if the present writ petition is disposed of by directing the Deputy Commissioner, Thoubal to consider IN. 3 SHOUGRAKPAM DEVANANDA SINGH Date: 2024.06.07 14:51:28 +05'30' WP(C) No. 385 of 2024 Contd…/-

the said representation on its own merit and strictly in terms of the applicable act and rules and to pass appropriate orders within a stipulated period.

Mr. Niranjan Sansam, learned GA appearing for the respondents fairly submitted that as the prayer made on behalf of the petitioner is confined to consideration and disposal of the representation submitted by the petitioner, he has no objection in disposing of the present writ petition as prayed for by the counsel appearing for the petitioner.

In Section 11(3) of the MLR & LR Act, it is provided that where any property or any right in or over any property is claimed by or on behalf of the Government or by any person as against the Government and the claim is disputed, such dispute shall be decided by the Deputy Commissioner whose order shall be subject to the provision of this Act, be final

In view of the aforesaid provision of the MLR & LR Act, this court is of the considered view that it will be in the interest of justice to dispose of this writ petition by directing the Deputy Commissioner, Thoubal to consider the representation dated 12-04-2024 on its own merit and strictly in terms of the applicable act and rules and to dispose of the same by passing appropriate orders.

The whole exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.

With the aforesaid direction, the present wit petition is disposed of.

JUDGE Devananda

WP(C) No. 385 of 2024 Contd…/- IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 385 of 2024 Gangmei Luwangchao … Petitioner Vs. State of Manipur & ors. … Respondents B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH