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2025 DAILYLAW 2114 (MAN)

Md Abdul Salam and 14 Others v. State of Manipur and 6 Ors

WP(C)/786/2025 · 2025-09-30

Ahanthem Bimol Singh

Writ Petition (Civil)body2025

Judgment text

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Page 1 Supl 4. Item No. 3 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 786 of 2025 Md. Abdul Salam & 14 ors. …Petitioner/s Vrs. State of Manipur & 6 ors. …Respondent/s -B E F O R E- HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 01.10.2025 Heard Mrs. G. Pushpa, learned counsel appearing for the petitioners; and Mr. H. Debendra, learned Dy. A.G. appearing for the respondents. The impugned order has been issued in exercise of the power conferred under Section 3 & 4 of The Manipur Public Premises (Eviction of Unauthorised Occupants) Act, 1978. It has been submitted by Mr. H. Debendra, learned Dy. A.G. appearing for the respondents that a statutory appeal as provided under Section 6 of the Act lies against the impugned order and as such, without resorting to such statutory appeal, the present writ petition is not maintainable. In response, Mrs. G. Pushpa, learned counsel appearing for the petitioners, seeks leave to withdraw this writ petition by reserving the liberty to approach the appropriate appellate authority for filing an LAISHRA M DHAKESH ORI DEVI Digitally signed by LAISHRAM DHAKESHORI DEVI Date: 2025.10.01 16:37:09 +05'30' Page 2 appeal. The learned counsel, however, prays for granting 10(ten) days time for filing the said appeal and till then, the authorities be restrained from taking up any eviction process pursuant to the said impugned order dated 23.09.2025 in respect of the petitioners only. Recording the submission made by the learned counsel appearing for the parties, this Court is of the considered view that it will be in the interest of justice to issue the following directions:- (i) The petitioners are allowed to withdraw this writ petition by giving liberty to file a statutory appeal as provided under the law. The said appeal should be filed within a period of 10(ten) days from today. (ii) It is made clear that till the filing of the said appeal within 10(ten) days from today, the respondents should not proceed with the eviction of the petitioners from their land pursuant to the impugned order dated 23.09.2025. (iii) It is made clear that this Court has not touched on the merit of this writ petition and the appellate authority has to decide Page 3 about passing any interim order independently on the basis of the merit of the case without being influenced by the order passed by this Court. With the aforesaid directions, the present writ petition is disposed of. JUDGE Dhekeshori