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2025 DAILYLAW 1964 (MAN)

Manoj Kumar Patni v. State of Manipur and 2 Ors

WP(C)/754/2024 · 2025-04-29

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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48-49 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No.754 of 2024 with MC (WP(C)) No.651 of 2024 Manoj Kumar Patni … Petitioner -Versus- State of Manipur & 2 Ors … Respondents BEFORE HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA 29.4.2025 Present Mr.H.Kenajit, learned counsel for the petitioner, Mr.Sukumar, learned Government Advocate for the State respondent No.1 and Mr.Y.Nirmolchand, learned senior counsel assisted by Mr.L.Raju, learned counsel for respondent No.2 and Mr.L.Anand, learned senior counsel assisted by Mr.B.Kirankumar, learned counsel for respondent No.3. The petitioner has approached this Court for stopping illegal construction made by respondent No.3 herein. On the basis of Notice issued on 4.10.2024 issued by the Municipal Commissioner, Imphal Municipal Corporation, respondent No.3 was directed to cease construction till necessary permission is obtained as per Rule. During the course of hearing, Mr.Y.Nirmolchand, learned senior counsel, appearing on behalf of respondent No.2 hands over a copy of Permission dated 28.2.2025 issued by the Municipal Commissioner, Imphal Municipal Corporation to the respondent No.3 permitting sanction to the construction of building for G+2 storey (s) havig a height of 9.6.metres under Patta No.398, C.S.Dag No.XVI/174, Village No.87(A) Khwai Bazar, Ward No.25 and submits that in view of the subsequent Building Permission Sanction dated 28.2.2025 issued by the Imphal Municipal Corporation to respondent No.3, cause of petition does not survive. However, Mr.Kenajit, learned counsel for the petitioner submits that the sanction order dated 28.2.2025 is without following any Rules and Regulations of Manipur Municipality Act and Rules framed therein. This Court is of the view that the writ petition can be disposed of at this stage on the basis of subsequent sanction order dated 28.2.2025. However, petitioner is at liberty to approach the appropriate forum to challenge the legality of the sanction order dated 28.2.2025. With this observation, the writ petition is disposed of. Misc case also stand disposed of. JUDGE Priyojit RAJKUMA R PRIYOJIT SINGH Digitally signed by RAJKUMAR PRIYOJIT SINGH Date: 2025.04.30 17:38:15 +05'30'