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2025 DAILYLAW 1447 (MAN)

Wilson Pao Th v. STATE OF MANIPUR AND 5 OTHERS

MC(PIL)/23/2025 · 2025-09-03

Ahanthem Bimol Singh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 | P a g e Sl. Nos. 47-48 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(PIL) No. 23 of 2025 Wilson Pao Th. Applicant Vs. State of Manipur and 5 others Respondents Clubbed with PIL No. 16 of 2025 BEFORE HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH ORDER ( K. Somashekar, CJ and A. Bimol Singh, J ) 04.09.2025 [1] This writ petition has been filed by the petitioner in the nature Public Interest Litigation being PIL No. 16 of 2025, against the respondents/State of Manipur and 5 others raising various grounds. [2] Whereas, in this matter, the learned senior counsel Mr. Kh. Tarunkumar assisted by Mr. Moses Pao and Mr. M. Rustam, learned counsel for the petitioner is present before the court physically. Similarly, the learned AG Mr. Lenin Hijam for the State of Manipur/Respondents No. 1 to 4 and inclusive of the learned CGSC Mr. Boboy Potsangbam for the respondents No. 5 and 6 are also present before the court physically. [3] Whereas in this matter, the learned AG submitted the letter dated 3rd September, 2025 addressed to the Junior Government Advocate SHAMURAILATPAM SUSHIL SHARMA Digitally signed by SHAMURAILATPAM SUSHIL SHARMA Date: 2025.09.08 16:52:48 +05'30' 2 | P a g e to Ld. Advocate General, Manipur in respect of PIL No. 16 of 2025 and MC(PIL) No. 23 of 2025 wherein it is stated that in pursuance of Hon’ble High Court’s order dated 06.08.2025 and 21.08.2025 on the subject matter mentioned above, the Under Secretary (Finance/PIC), Government of Manipur was directed to state that after obtaining approval of the Competent Authority, Finance Department has already released the Expenditure Sanction orders for entire balance amount of Rs. 11.43 crore vide U.O. No. FX 08/10/2025-2026 dated 22.08.2025 (copy of the same has been enclosed herein for the purpose of perusal) on account of pending balance for the State Matching Share in respect of Senapati-Phaibung road under NLCPR. However, Works Department has not yet submitted any pending liabilities for the Senapati-Phaibung road as the corresponding work is yet to commence against the balance amount provided as State matching share. The same has been stated in the letter dated 3rd September, 2025 authored by the Under Secretary (Finance/PIC), Government of Manipur in detail. [4] Therefore, keeping in view the contents in the letter dated 3rd September, 2025 as well as the expenditure sanctioned vide U.O. No. FX 08/10/2025-2026 dated 22.08.2025 in a tabular form maintained by the Finance Department accorded to grant of the expenditure sanctioned as below : “EXPENDITURE SANCTION UO. No. FX/08/10/2025-2026 FD.No: FX-408/268/2015-e-FD Dated 22nd August 2025 3 | P a g e Finance Department hereby concurs to Expenditure Sanction as below Demand Number O8 - PUBLIC WORKS DEPARTMENT Head of Account 5054-05-337-01-00-73 Amount in BE Rs. 70,00,00,000 Amount of Expenditure Sanction concurred by FD Rs. 11,43,00,000 (Hill) [Rupees eleven crore forty three lakh only] Net Amount Rs. 11,43,00,000 [Rupees eleven crore forty three lakh only] AD File No AAEXRF-106/1/2021-WD-WD-Part(1) Purpose Pending balance for State Matching Share in respect of Senapati- Phaibung Road under NLCPR PAYMENTS TAX & OTHER CHARGES Deposit in MH 8449 NA GST(minus 2% TDS) NA Deposit in MH 8443 Rs. 11,43,00,000 DEDUCTIONS VAT NA 2% TDS under GST NA Labour Cess NA Agency Charges NA Total Deduction NA Conditions: 1. Works Department to fumish details on finalization of the Work Agency, physical progress, etc. for releasing suitable amount of CDA. 2. To be deposited with MH-8443. 3. Deductions to be made at the time of drawal of funds. Sd/- dt. 22.08.2025 (K. Kenish Sharma) Under Secretary Finance Department” [5] And also, the order dated 26th August, 2025 passed by Link Principal Secretary (Works), Government of Manipur wherein it is stated that the Governor of Manipur is pleased to accord Expenditure Sanction not exceeding Rs. 11,43,00,000/- (Hill) (Rupees elven crore forty three lakh) 4 | P a g e only for the following work subject to deduction of leviable charges at source, as detailed below : Sl. No. Purpose Amount (in Rs.) 1. Pending balance for State Matching Share in respect of Senapati-Phaibung Road under NLCPR Rs. 11,43,00,000/- (Rupees eleven crore forty-three lakh) only Particular Amount Amount of expenditure sanction concurred by FD Rs. 11,43,00,000/- Net Amount Rs. 11,43,00,000/- Payments Deposit in MH 8443 Rs. 11,43,00,000/- [6] Whereas, in this order dated 26th August, 2025, the conditions are : 1. Public Works Department, Manipur to furnish details on – finalization of the Work Agency, physical progress, etc. for releasing amount of CDA. 2. To be deposited with MH-8443. 3. Deductions to be made at the time of drawal of funds. [7] The same has been facilitated by the learned AG for the State of Manipur in the rank of the respondents in this matter. [8] Taking into consideration the nature of the dispute raised by the petitioner in this Public Interest Litigation which pertains to construction of the road in question, we are constrained to give certain direction to concerned authorities of the PWD to complete the construction of the said 5 | P a g e work consequent upon sanction of the required amount by the government as expeditiously as possible. [9] However, keeping in view the submission made by the learned AG for the respondents/State of Manipur as well as the contents in the letter dated 3rd September, 2025 and 26th August, 2025 are concerned, it is deemed appropriate that there are no substances in this PIL to proceed any further to address the issues in between the petitioner and the respondents. Consequently, this PIL proceeding and the connected miscellaneous application are hereby closed. JUDGE CHIEF JUSTICE Sushil