Loushi Hill Cutting Committee v. Union of India and 3 Ors

[1]

IN THE HIGH COURT OF MANIPUR AT IMPHAL Loushi Hill Cutting Committee

… Petitioner Vs. Union of India & ors.

… Respondents B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 30-01-2024

Heard Mr. Ajoy Pebam, learned counsel appearing for the petitioner; Mr. I. Somorjit, learned counsel appearing for the respondent No. 1 and Mr. Niranjan Sanasam, learned GA appearing for the respondents No. 2 to 4.

The present writ petition had been filed for granting the following reliefs:- "I) To register this petition as a WPC under Constitutional Jurisdiction. II) To comply with the Raj Darbar Resolution No. 5 of 15.01.1948 in toto and to pass any order in consonance with the Manipur Assembly Resolution Petition No. 99 and Recommendation of the Committee 1993. III) To cancel the present names of the 992 allottees of the Dag No. 1176 to 1275, now at present at 44-Yaithibi Khunou and rewrite the names of members of the Loushi Hill Cutting Committee in lieu of the already cancelled Pattadars to complete the survey of the 61-A East, Loushipat, presently known as 44-Yaithibi Khunou. IV) To continue the survey of the surplus lands as early as possible within 60 days from the date of the disposal of the Case. V) To clarify the areas of 44-Yaithibi Loukon and 61-A (East), Loushipat. VI) To maintain the status quo position as and on 26-11-1969. VII) To direct the Director of Settlement for the compliance with the order dtd. The 17th November, 2008 passed by the Secretary Revenue, Govt. of Manipur within 60 days. VIII) To award compensation to the real and original owners/ Pattadars, members of the petitioner and cancel to award the IN. 49 SHOUGRA KPAM DEVANAN DA SINGH Date: 2024.01.30 15:30:54 +05'30' [2]

compensations to the dummy Pattadars which are illegally manufactured by the Respondent No. 2. IX) To cancel the Manipur Gazette Notification No. 520 Dated

24.01.1989, and contemptuous and bifurcation order Dt.

16.03.1995 passed by Respondent No. 2 and 4, Director of Settlement, A/3(a) and 4(a) for the end of justice and equity. X) To pass any order which it deems fit."

Mr. Ajoy Pebam, learned counsel appearing for the petitioner submitted that by an order dated 18-08-2006 passed by the Gauhati High Court, Imphal Bench, in WP(C) No. 5 of 2004, the Hon'ble High Court modified the interim order dated 12-01-2004 passed by it in WP(C) No. 5 of 2004 to the extent indicated hereinbelow:- "For the reasons mentioned above, the order of this court dated 12.1.2004 is modified to the extent that the Director, Settlement & Land Records shall hold inquiry in the light of the observations and decisions made by this court in the final judgment and order dated 8.9.2000 passed in C.R. No. 225/95 as well as the judgment & order of the learned Tribunal dated

28.9.95 passed in Revenue Review Misc. Case No. 4/95. In other words, the inquiry to be held by the Director, Settlement & Land Records is circumscribed by the earlier decision of the learned Revenue Tribunal dated 28.9.95 passed in Revenue Review Misc. Case No. 4/95."

The learned counsel appearing for the petitioner submitted that while giving the aforesaid direction for holding an enquiry, no time limit was indicated by the Hon'ble High Court. The learned counsel further submitted that the petitioner will be satisfied if the present writ petition is disposed of by giving a direction to carry out the said inquiry within a stipulated period.

Mr. I. Somorjit, learned counsel and Mr. Niranjan Sanasam, learned GA appearing for the respondents fairly submitted that they have no objection in disposing of the present writ petition as prayed for by the learned counsel appearing for the petitioner.

In view of the submission made by the learned counsel appearing for the parties, the present writ petition is disposed of by [3]

directing the Director of Settlement & Land Records, Manipur to hold an inquiry as directed by the Hon'ble Gauhati High Court, Imphal Bench in its order dated 18-08-2006 passed in WP(C) No. 5 of 2004 and to complete the same within a period of six months from the date of receipt of a certified copy of this order.

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

JUDGE Devananda