Heisnam Chandrakumar Singh and 12 Others v. State of Manipur and 2 Others

Order

05.12.2023 [1]

This matter is taken up as unlisted item as directed by Hon'ble Chief Justice. [2]

Mr. M. Hemchandra, learned senior counsel assisted by Mr. M. Rendy, learned counsel for the petitioners. [3]

The petitioners who are occupiers in Laishoi village, Village No. 53, Moirang Part – II for a long period of time and their application for allotment of land under their occupation are under process. Some of the petitioners have been given Dag Chitha record with respect to their possession over the land. It is stated that vide separate notices dated 28.11.2023 issued by the Sub-Divisional Officer, Moirang to the petitioners calling for treating them as encroachers over the Government land under Section 15 (1) of the MLR & LR Act, 1960. Thereafter, the petitioners submitted a joint representation dated

04.12.2023 to

(i) The Commissioner (Revenue), Government of Manipur, (ii) The Deputy Commissioner, Bishnupur, Government of Manipur and (iii) The Sub-Divisional Officer, Moirang, Government of Manipur praying for immedidate necessary action to restrain/halt/suspend the eviction process in pursuance to the notice dated 28.11.2023 till proper arrangements for the occupants of the petitioners are made and till then, status quo be maintained. The petitioners also filed another representation dated 04.12.2023 to (i) The Commissioner (Revenue), Government of Manipur, (ii) The Deputy Commissioner, Bishnupur, Government of Manipur and (iii) The Sub-Divisional Officer, Moirang, Government of Manipur for giving one week's time for submitting objection to the notice dated 28.11.2023. [4]

Mr. M. Hemchandra, learned senior counsel for the petitioners, submits that it will be sufficed for the petitioner if the State respondents are directed to consider and dispose of the representation by passing a speaking order within a stipulated period of time and status quo be maintained till the disposal of the representation. [5]

Mr. M. Devananda, learned Addl. A.G. assisted by Ms. Jyotsana, learned counsel appearing on behalf of the State respondents, is agreeable to the submission made by the learned senior counsel for the petitioners. Learned Addl. A.G. has no objection in giving one week's time for submitting objection/representation to the notice dated 28.11.2023. [6]

Recording this, writ petition is disposed of by giving one week's time to the petitioners to make an objection to the notices dated 28.11.2023 and till then, status quo be maintained as on today till the disposal of the objections. It is made clear that this Court does not express any opinion on the merit of the case. [7]

Furnish a copy of this order to the learned counsel appearing for all the parties during the course of the day. [8]

In view of the order passed in the main petition, misc. application is disposed of.

JUDGE

joshua

KH. JOSHUA MARING Date: 2023.12.06 15:07:54 +05'30'

Suppl. Item No. 1-2 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 838 of 2023 with MC(WP(C) No. 411 of 2023 Heisnam Chandrakumar Singh & 12 Ors. …..Petitioner/s - Versus – State of Manipur & 2 Ors. .... Respondent/s BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA