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2025 DAILYLAW 2106 (MAN)

Laishram Sana Singh v. State of Manipur and 4 Ors

WP(C)/778/2025 · 2025-09-25

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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Item No. 2 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 778 of 2025 Laishram Sana Singh …..Petitioner/s - Versus – State of Manipur & 4 Ors. .... Respondent/s BEFORE HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA Order 26.09.2025 [1] Heard Mr. L. Rajesh, learned counsel for the petitioner and Mr. H. Debendra, learned Dy. A.G. assisted by Mr. O. Ratankumar, learned Dy. G.A. for the State respondent Nos. 1 to 4. [2] Mr. L. Rajesh, learned counsel for the petitioner, submits that the petitioner is the owner and possessor of homestead land measuring an area of .005 hectare under patta No. 419(old), 500/1517(new) covered by C.S. Dag No. 163/733 situated at Village No. 102 – Bishnunaha, Yairipok, Thoubal District and he is in occupation for the last 25 years. [3] Suddenly, the Deputy Commissioner, Thoubal issued two orders both dated 22.07.2025 invoking the power under Sections 3 & 15 of the Manipur Public Premises (Eviction of Unauthorized Occupants) Act, 1978 for eviction of encroachment upon Government land. [4] It is stated that the revenue department have marked black on certain portions of the structures of the petitioner erected within his patta land to the extent of 10 (ten) feet. It is also stated that the marking of the alleged encroached portion is done without giving any opportunity of being heard to the petitioner. [5] Mr. L. Rajesh, learned counsel for the petitioner, submits that eviction, if any, be proceeded after verifying the extent of encroachment and after giving due opportunity of being heard to the petitioner. [6] Mr. H. Debendra, learned Dy. A.G., submits that recently the State Government has initiated mass drive for eviction of encroachers from the Government land and the marking made on the structure of the petitioner is a preliminary finding and in the present drive, the State Government is not intended to evict anyone from their patta land. [7] Recording the submissions made at the bar and on perusal of the record, this Court is of the opinion that writ petition may be disposed of at this stage by directing the respondents to verify the alleged encroachment made by the petitioner over Government land by giving opportunity of being heard for considering the objection submitted by the petitioner. Any eviction and demolition on the Government land may be done after proper verification as per rule. [8] It is made clear that the possession and structure of the petitioner within his patta land are protected. [9] With this observation, writ petition is disposed of. JUDGE Kh. Joshua Maring KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2025.09.26 17:18:19 +05'30'