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2025 DAILYLAW 1016 (MAN)

NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (NHIDCL) v. KEINEBUAN DANGMEI AND 48 ORS

WA/16/2025 · 2025-04-16

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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P a g e | 1 Suppl. -1, Item No. 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL WA No. 16 of 2025 Ref:- WP(C) No. 596 of 2024 The National Highways & Infrastructure Development Corporation Ltd. (NHIDCL) Appellant Vs. Shri. Keinebuan Dangmei & 50 Others Respondents BEFORE HON’BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA ORDER 16.04.2025 (D. Krishnakumar, C.J) : [1] Mr. Anjan Prasad Sahu, learned counsel, appears for the appellant; Mr. N. Zequeson, learned counsel, appears for the respondents No. 1 to 49 and Mr. W. Niranjit, learned Deputy Government Advocate, appears for the respondents No. 50 & 51. [2] By consent of both the parties, the instant writ appeal has been taken up for final disposal at the admission stage itself. [3] The appellant has preferred the instant writ appeal as against the interim order passed by the writ court. [4] Learned counsel appearing for the appellant would submit that in view of the interim order dated 28.08.2024 passed by the learned Single Judge in WP(C) No. 596 of 2024, the appellant NHIDCL cannot carry out the construction of SHAMURAILATPAM SUSHIL SHARMA Digitally signed by SHAMURAILATPAM SUSHIL SHARMA Date: 2025.04.17 16:10:40 +05'30' P a g e | 2 National Highway in Imphal-Jiribam route and award was passed in the year of 2022. However, the possession has not been taken over by the appellant. [5] To this aspect, we are of the view that the writ petition has to be decided by the writ court and we hereby direct the learned Single Judge to take up the writ petition i.e., WP(C) No. 596 of 2024, for final hearing to decide the issue as to whether the possession is taken over by the appellant or not, without going into the merits of the case. [6] In view of above submission made by the parties, without going into the merits of the case, we request the learned Single Judge to decide the said writ petition as early as possible preferably within a period of 8 (eight) weeks from the date of receipt of a copy of this order. [7] In the meantime, learned counsel appearing for the respondents shall also file counter affidavit, if any, without seeking any further adjournment. [8] With the above observation, the writ appeal is disposed. JUDGE CHIEF JUSTICE Sushil