Ngangbam Haripriya Devi vs State Of Manipur & 2 Ors on 22 January, 2025

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Manipur High Court

Ngangbam Haripriya Devi vs State Of Manipur & 2 Ors on 22 January, 2025

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

NINGOM Digitally  signed
         by NINGOMBAM
BAM      VICTORIA
         Date: 2025.01.24
VICTORIA 10:58:49 +05'30'
                                                                                           Item No. 3

                                        IN THE HIGH COURT OF MANIPUR
                                                  AT IMPHAL

                                                WP(C) No. 47 of 2025

                            Ngangbam Haripriya Devi.
                                                                                ...Petitioner
                                                         - Versus -
                            State of Manipur & 2 Ors.
                                                                            ...Respondents

                                              B EF O R E
                               HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

                                                        ORDER

22-01-2025

[1] Heard Mr. Kh. Tomba, learned counsel for the petitioner and

Mr. Niranjan Sanasam, learned Government Advocate for the respondents

appearing through video conferencing.

[2] By the present petition, the petitioner has prayed for directing the

Sub-Deputy Collector, Heingang to conduct demarcation over the State

Khas lands which are lying adjacent to the piece of her homestead land.

[3] It is stated that there is a piece of homestead land measuring an

area of .06 acre covered by C.S. Dag No. 615 corresponding to patta No.

212 (Old) and 201(New) situated at Revenue Village No. 11-Laipham Siphai,

Imphal East District, Manipur which is recorded in the name of the petitioner

in the revenue records. Learned counsel for the petitioner further states that

there are State Khas lands adjacent to the homestead land of the petitioner

measuring (i) an area of .18 acre under C.S. Dag No. 189 situated at

Revenue Village No. 11-Laipham Siphai; (ii) an area of .30 acre under Dag

No. 292 of the same Revenue village; and (iii) .04 acre covered by C.S. Dag

No. 200 of the same Revenue village.

WP(C) No. 47 of 2025 Page 1 of 2
[4] The petitioner submitted a representation dated 30-08-2024 to the

SDC, Heingang for demarcation u/s 52 of the Manipur Land Revenue and

Land Reforms Act, 1960 and for eviction of the encroachers u/s 130 of the

Act. The petitioner also submitted similar representation to the Deputy

Commissioner, Imphal East. It is submitted that the two representations are

still pending before the authorities.

[5] Mr. Niranjan Sanasam, learned Government Advocate for the

respondents, has pointed out that the representation is not maintainable in

the present form as the SDC exercising function under u/s 52 of the

MLR&LR Act, 1960 is a Court as defined within the meaning of Section 81(1)

of the Act and if the petitioner is aggrieved by any of the action or order

passed by the SDC, Heingang, appropriate remedies are provided under

MLR&LR Act. It is also pointed out that demarcation case has to be filed as

an application before the Court not as a representation.

[6] Mr. Kh. Tomba, learned counsel for the petitioner, submitted that

he may be permitted to withdraw the present petition with liberty to approach

the appropriate forum as per law.

[7] Recording the submissions made at the Bar, the writ petition is

dismissed as withdrawn with liberty to approach an appropriate forum as per

law.

[8] Furnish copy of this order to the learned counsel appearing for the

parties.

JUDGE

Victoria

WP(C) No. 47 of 2025 Page 2 of 2

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