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2025 DAILYLAW 1682 (MAN)

Keisham Mohon Singh and Anr v. State of Manipur and 3 Ors

WP(C)/588/2025 · 2025-08-05

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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1-2 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No.588 of 2025 with MC (WP(C)) No.556 of 2025 Keisham Mohon Singh and Anr … Petitioner -Versus- State of Manipur & 3 Ors … Respondents BEFORE HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA 6.8.2025 This matter is taken up for motion of supplementary item due to the urgency involved in the present case. Heard Mr.N.Jotendro, learned senior counsel assisted by Mr.Syed Murtaza, learned counsel for the petitioner and Mr.H.Devendra, learned Addl. A.G, Manipur assisted by Ms.Sarmila, learned Jr.Govt counsel for the State. The petitioner approached this Court being aggrieved by two eviction orders dated 22.7.2025 and 22.5.2025 issued by the Deputy Commissioner, Thoubal under Section 3 of the Manipur Public Premises Act, 1978 and Section 15 of the MLR and LR Act, 1960. By the impugned order it was directed to evict and demolish unauthorised encroachments and structures on public place. It is the case of the petitioner that vide order dated 6.9.1986, issued by the Commissioner/Secretary, Revenue, Government of Manipur, two pieces of land measuring 50 ft X 15 ft of C.S.Dag No.51 of Village No.102-Bishnunaha and 15 ft X 15 ft of C.S.Dag No.51 of village No.102-Bishnunaha were allotted to the petitioners No.1 and 2 respectively. Since there is discrepancy in the land record, vide order dated 24.2.2023 passed by the Deputy Commissioner, Thoubal, it was directed to make necessary correction of the land record as per land records dated 6.9.1986. Mr.N.Jotendro, learned senior counsel submits that the order of the Deputy Commissioner is challenged before the Revenue Tribunal, Thoubal and the matter is pending. It is submitted that the eviction order be kept in abeyance till the matter is decided by the Revenue Tribunal. On the other hand, Mr.H.Devendra, learned Addl. A.G, Manipur submits that the State Government issued order for eviction and demolition of structures encroached upon public land and has no intention to demolish structure or evicting any person within their patta land. It is submitted that the writ petition may be disposed of by giving a direction that the writ petitioner shall not be evicted from the patta land in terms of the allotment order dated 6.9.1986 and any structure within the patta land shall not be disturbed. However, any encroachment upon public land beyond allotted land is to be evicted and demolished. Considering the submissions made at the Bar, the writ petition can be disposed of with the observation that any eviction of person or demolition of structures in pursuance of order dated 22.7.2025 issued by the Deputy Commissioner, Thoubal shall not affect the right of the petitioner in terms of allotment order dated 6.9.1986. With this observation the writ petition is disposed of. Misc Case is also closed. Furnish a copy of this order to learned counsel for the parties in the course of the day by any available means/through WhatsApp. JUDGE Priyojit RAJKUMAR PRIYOJIT SINGH Digitally signed by RAJKUMAR PRIYOJIT SINGH Date: 2025.08.07 16:40:08 +05'30'