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2024 DAILYLAW 22 (MAN)

State Of Manipur and another v. Rk Sonarjit

MC(Review.Pet.)/25/2024 · 2026-02-22

Ahanthem Bimol Singh

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 Item Nos. 16-17 IN THE HIGH COURT OF MANIPUR AT IMPHAL Review. Pet. No. 13 of 2024 State of Manipur & Anr …Petitioner/s Vrs. R.K. Sonarjit …Respondent/s With MC(Review.Pet.) No. 25 of 2024 -B E F O R E- HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 23.02.2026 [1] Heard Mr. S. Niranjan, learned GA appearing for the petitioners; and Mr. N. Surendrajit, learned counsel appearing for the respondents. [2] The present review petition has been filed against the order dated 25.04.2024 passed by this Court in WP(C) No. 711 of 2023 wherein the following direction has been given; “5. After hearing the submission advanced by the learned counsel appearing for the parties and on perusal of the records, this Court is of the view that the ends of justice will be met if the present writ petition is disposed of by issuing the following directions:- (i) The Sub. Deputy Collector, Sagolmang, Imphal East is directed to cause demarcation Lucy Gurum ayum Digitally signed by Lucy Gurumayum Date: 2026.02.23 15:32:27 +05'30' Page 2 of the petitioner’s land under patta No. 524/649 (New) covered by C.S. Dag No. 1192/1539 having a total area of 2.27 acres situated within village No. 12 – Pangei, Imphal East District, Manipur as requested by the petitioner in his application dated 01.08.2022 strictly in terms of the applicable act and rules and to complete the whole process within 3(three) months from today. (ii) The Sub. Deputy Collector, Sagolmang, Imphal East is further directed to issue cancelled and uncancelled Jamabandi of the aforesaid land belonging to the petitioner as requested by the petitioner in his application dated 18.08.2022 within a period of one month from today. 6. With the aforesaid directions, the present with petition is disposed of.” [3] It has been submitted by the learned GA that the petitioner earlier filed a writ petition registered as WP(C) No. 805 of 2022 before this Court with a prayer, inter alia, (i) For issuing a writ in the nature of mandamus for prohibition prohibiting the respondents from taking forcible possession of the Patta Page 3 land of the petitioner without due process of law. (ii) For issuing a writ in the nature of mandamus directing the respondents to pay adequate compensation for the land forcibly taken for construction of Manipur Judicial Academy. (iii) For issuing a writ in the nature of mandamus directing the respondents not to construct pucca fencing upon the Patta land of the petitioner till the settlement of the land in question is made. [4] It has been submitted by the learned GA that the petitioner subsequently withdraw the said writ petition. The learned GA further submitted that in the affidavit-in-opposition filed by the State respondents, relevant and pertinent factual position has been clearly stated with regard to the land in question. The learned GA further submitted that said writ petition was subsequently withdraw by the petitioner on 12.10.2023 with the liberty to file a fresh one before the appropriate forum. It has also been submitted by the learned GA that later on, the petitioner Page 4 again filed another writ petition registered as WP(C) No. 711 of 2023 praying for issuing; (i) A writ in the nature of mandamus directing the respondents to cause a demarcation of the land under Patta No. 524/649 (New) covered by C.S. Dag No. 1192/1629 and 1199/1539 having a area of 2.27 acres situated within village no. 12-Pangei, Imphal East District, Manipur. (ii) A writ in the nature of mandamus directing the respondent no. 2 to issue cancelled and uncancelled Jamabandi of the aforesaid land within a period of two months. [5] It has been submitted by the learned GA that in the subsequent writ petition, the petitioner did not disclose the fact about his filing the earlier writ petition being WP(C) No. 805 of 2022 and about the withdrawal of the said case also. According to the learned GA, the petitioner has concealed this relevant fact and as such, the present review petition has been filed for reviewing Page 5 the earlier order dated 25.04.2024 passed by this Court in WP(C) No. 711 of 2023. [6] Mr. N. Surendrajit, learned counsel appearing for the respondent submitted that the earlier writ petition being WP(C) No. 805 of 2022 filed by the petitioner with a prayer for issuing directions prohibiting the respondents from taking forcibly possession of the Patta land of the petitioner and for directing the respondents to pay adequate compensation for the land forcibly taken for construction of Manipur Judicial Academy. [7] The learned counsel further submitted that the said writ petition was withdrawn to file fresh one before the appropriate forum. It has been submitted that after withdrawal of the said writ petition, the petitioner file an application before the Court of Sub. Deputy Collector Sagolmang, Imphal East praying for demarcation of the patta land as provided under rule 52 of the MLR and LR Act, 1960. When the authorities did not considered and disposed of the said application for demarcation, the petitioner approach this Court again by filling WP(C) No. 711 of 2023 with a prayer, inter alia, for directing the respondents to cause demarcation of the land mentioned in the said demarcation application and also for Page 6 directing the respondent no. 2 to issue cancelled and uncancelled Jamabandi of the land in question. [8] The learned counsel for the respondents submitted that after hearing all the parties in the said writ petition, this Court disposed of the said writ petition by an order dated 25.04.2024 impugned herein. The learned counsel submitted that the learned GA has failed to show before this Court of about any apparent error in the said order and as such, the present review petition deserves to be dismissed as being devoid of merit. [9] On consideration of the rival submission advanced by the learned appearing for the parties before this Court, this court finds that there is no merit and substances in the submission advanced by the learned GA appearing for the petitioner as he has failed to point out any error in the order passed by this court on 25.04.2024 in WP(C) No. 711 of 2023. [10] In my considered view, this Court simply gave directions to the concerned authorities i.e Sub-Deputy Collector, Sagolmang, Imphal East to cause the demarcation as claim by him in his application dated 01.08.2022 strictly in terms of the applicable act and rules and to complete the whole process within Page 7 3(three) months. This court also directed the said SDC, Sagolmang to issue cancelled and uncancelled Jamabandi of the aforesaid land to the petitioner as requested in his application dated 18.08.2022. In my considered view there is no apparent error or irregularity in the order passed by this Court and that the concerned authorities is duty bound to consider the demarcation application file by the petitioner strictly in terms of applicable act and rules and to pass appropriate order therein. [11] In view of the above, this Court finds no merit in this review petition, accordingly the same is hereby dismissed. [12] The connected application also stands closed. JUDGE Lucy