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2025 DAILYLAW 1434 (MAN)

Thokchom Sangeeta Devi v. State of Manipur and 2 ors

WP(C)/491/2025 · 2025-07-07

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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Item No. 14 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 491 of 2025 Thokchom Sangeeta Devi. …Petitioner - Versus - State of Manipur & 2 Ors. …Respondents B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA O R D E R 08-07-2025 [1] Present Mr. Tim Haobam, learned counsel for the petitioner and Mr. H. Debendra, learned Dy. Advocate General assisted by Mr. A. Bheigya Meitei, learned junior Government counsel on behalf of the respondents. [2] By the present petition, the petitioner prays for a direction to the respondents specially SDC, Hiyangthang, Imphal West to pass an appropriate order in the pending application submitted by the petitioner for issuance of certified copies in respect of Misc. Case No. 97 of 2005 dated 19-05-2005; Mut. Case No. 296/SDC/IW(H) dated 29-07-2005; and Mut. Case No. 191/SDC/IW(H) dated 09-08-2011. It is submitted that the certified copies of the documents as prayed for have not been issued till date. [3] Today, Mr. H. Debendra, learned Dy. Advocate General for the respondents, hands over to the Court a copy of the order issued by the SDC, Hiyangthang, Imphal West stating that the concerned case records are not traceable in the office of SDC, Hiyangthang and as such could not be able to furnish the documents applied for. [4] In the circumstance, the writ petition is disposed of with liberty to approach the appropriate forum. However, this Court before parting may NINGOM BAM VICTORIA Digitally signed by NINGOMBAM VICTORIA Date: 2025.07.11 16:14:26 +05'30' observe something that many petitions have been filed before this Court for issuance of directions to the revenue authority to furnish certified copies of the orders and applications before him. However, since the orders have not been delivered in time, the writ petitions are filed before this Court for directions to revenue authority to issue certified copy or copies of such orders or applications and other documents. It may be noted that Section 49 of MLR & LR Act, 1960 provides that certified copies of entries in the record of rights may be given on payment of fees. Schedule II of the MLR & LR Rules, 1961 sub-para 12 also provides that certified copies of record-of- rights and maps as defined under Section 49 or 50 of the Act have to be granted. It may be also noted that Rule 135 of MLR & LR Rules, 1961 provides that the principles of Civil Procedure Code will be applicable before Revenue Court when the rule is silent. However, the civil court rules framed by the Gauhati High Court is still applicable in the High Court of Manipur and Chapter 25 provides for presentation of application for copies of document from the court. [5] In the circumstance, whenever an application for certified or uncertified copy of the petition, order or document, etc. is filed before the revenue authority, the same has to be furnished forthwith. If the documents sought for is available on record, the same be furnished to the applicant preferably within a period of seven weeks as per on payment of necessary fee as provided in the rules noted above. [6] Furnish a copy of this order to the Administrative Secretary, Land Resource Department (formerly Revenue Department), Government of Manipur for issuing necessary direction to revenue officer. [7] With this observation, the writ petition is disposed of. JUDGE Victoria