Manipur High Court
Konsam Tomba Singh & 2 Ors vs State Of Manipur & 2 Ors on 21 April, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2025.04.22
VICTORIA 17:47:46 +05'30' Item Nos. 5-6
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 310 of 2025
Konsam Tomba Singh & 2 Ors.
...Petitioners
- Versus -
State of Manipur & 2 Ors.
...Respondents
With
MC(WP(C)) No. 286 of 2025
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
21-04-2025
[1] Heard Mr. N. Jotendro, learned senior counsel assisted by
Md. Syed Murtaza Ahmed, learned counsel for the petitioners and Mr. Lenin
Hijam, learned Advocate General assisted by Ms. Thanmiyo Keishing,
learned counsel for the State respondents.
[2] The petitioners are the alleged encroachers on the State land of
Ayangpalli Road, Eastern Portion near JNIMS Hospital, Porompat under
Revenue Village No. 25-Soibam Leikai Village, Imphal East. And vide order
dated 08-04-2025 issued by the Sub-Divisional Officer, Porompat, Imphal
East (respondent No. 3), under Section 15(1) of the MLR & LR Act, 1960
(Eviction of Unauthorized Occupants), the sixteen encroachers including the
three petitioners were directed to remove all their structures and vacate the
premises by 5.00 p.m. of 11-04-2025, failing which eviction would be carried
out without further notice.
[3] Mr. N. Jotendro, learned senior counsel for the petitioners, submits
that the petitioners have been staying on the encroached portion and their
WP(C) No. 310 of 2025 & Page 1 of 3
MC(WP(C)) No. 286 of 2025
names have been recorded in the Dag Chitha. Mr. N. Jotendro, learned
senior counsel for the petitioners, further submits that, on an earlier
occasion, the petitioners had approached this Court by way of a writ petition
being WP(C) No. 136 of 2018 and vide order 27-04-2022, the petitioners
were directed to submit a representation to the Deputy Commissioner,
Imphal East for allotment of land in their favour within a period of two weeks.
Interim protection was granted till disposal of proposed representation. It is
submitted that due to the onset of the COVID-19 pandemic and other
unavoidable circumstances, they could not submit the representation as
permitted by this Court.
[4] When the matters were taken up on 11-04-2025, Mr. N. Jotendro,
learned senior counsel for the petitioners, sought two days’ time for taking
instructions. On 15-04-2025, respondent No. 3 filed a preliminary objection
stating that the writ petition filed by the petitioners was not maintainable in
the present form and barred by law.
[5] The petitioners filed a rejoinder affidavit dated 15-04-2025 in reply
to the preliminary objection filed by respondent No. 3 inter alia stating that
the petitioners had submitted a representation dated 11-04-2025 to the
Deputy Commissioner, Imphal East requesting for allotment of their
respective lands occupied by them.
[6] During the course of hearing, Mr. N. Jotendro, learned senior
counsel for the petitioners, submits that the writ petition may be disposed of
by directing the Deputy Commissioner, Imphal East to dispose of the
representation submitted by the petitioners by passing a speaking order.
[7] Mr. Lenin Hijam, learned Advocate General for the State
respondents, is agreeable to the submission made by the learned senior
WP(C) No. 310 of 2025 & Page 2 of 3
MC(WP(C)) No. 286 of 2025
counsel for the petitioners for disposal of the representation submitted to the
Deputy Commissioner, Imphal East.
[8] This Court has perused the material on record and the subsequent
development, i.e. the submission of representation dated 11-04-2025
submitted by the petitioners to the Deputy Commissioner, Imphal East and
also the order dated 27-04-2022 passed by this Court in WP(C) No. 136 of
2018 where limited protection was given to the petitioners till their
representation was decided by the State authorities.
[9] Accordingly, the writ petition is disposed of by directing the Deputy
Commissioner, Imphal East to pass a speaking order on the representation
dated 11-04-2025 submitted by the petitioners as per law preferably within
a period of six weeks from the date of receipt of a copy of this order.
[10] Till then, the petitioners shall not be evicted from the present
premises.
[11] It is made clear that this Court has not expressed any opinion on
the merit of the case.
[12] The Deputy Commissioner, Imphal East, shall not be influenced
by any of the observations made hereinabove and is to pass order on the
basis of the available record and as per law.
[13] With this observation, the writ petition along with miscellaneous
application is disposed of.
[14] Furnish a copy of this order to the learned counsel appearing for
the parties.
JUDGE
Victoria
WP(C) No. 310 of 2025 & Page 3 of 3
MC(WP(C)) No. 286 of 2025
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