Research › Search › Judgment

High Court of Manipur · body

2025 DAILYLAW 434 (MAN)

Ngangbam Haripriya devi v. State of Manipur and 2 Ors

WP(C)/47/2025 · 2025-01-22

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) No. 47 of 2025 Item No. 3 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 47 of 2025 Ngangbam Haripriya Devi. …Petitioner - Versus - State of Manipur & 2 Ors. …Respondents B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA O R D E R 22-01-2025 [1] Heard Mr. Kh. Tomba, learned counsel for the petitioner and Mr. Niranjan Sanasam, learned Government Advocate for the respondents appearing through video conferencing. [2] By the present petition, the petitioner has prayed for directing the Sub-Deputy Collector, Heingang to conduct demarcation over the State Khas lands which are lying adjacent to the piece of her homestead land. [3] It is stated that there is a piece of homestead land measuring an area of .06 acre covered by C.S. Dag No. 615 corresponding to patta No. 212 (Old) and 201(New) situated at Revenue Village No. 11-Laipham Siphai, Imphal East District, Manipur which is recorded in the name of the petitioner in the revenue records. Learned counsel for the petitioner further states that there are State Khas lands adjacent to the homestead land of the petitioner measuring (i) an area of .18 acre under C.S. Dag No. 189 situated at Revenue Village No. 11-Laipham Siphai; (ii) an area of .30 acre under Dag No. 292 of the same Revenue village; and (iii) .04 acre covered by C.S. Dag No. 200 of the same Revenue village. NINGOM BAM VICTORIA Digitally signed by NINGOMBAM VICTORIA Date: 2025.01.24 10:58:49 +05'30' WP(C) No. 47 of 2025 [4] The petitioner submitted a representation dated 30-08-2024 to the SDC, Heingang for demarcation u/s 52 of the Manipur Land Revenue and Land Reforms Act, 1960 and for eviction of the encroachers u/s 130 of the Act. The petitioner also submitted similar representation to the Deputy Commissioner, Imphal East. It is submitted that the two representations are still pending before the authorities. [5] Mr. Niranjan Sanasam, learned Government Advocate for the respondents, has pointed out that the representation is not maintainable in the present form as the SDC exercising function under u/s 52 of the MLR&LR Act, 1960 is a Court as defined within the meaning of Section 81(1) of the Act and if the petitioner is aggrieved by any of the action or order passed by the SDC, Heingang, appropriate remedies are provided under MLR&LR Act. It is also pointed out that demarcation case has to be filed as an application before the Court not as a representation. [6] Mr. Kh. Tomba, learned counsel for the petitioner, submitted that he may be permitted to withdraw the present petition with liberty to approach the appropriate forum as per law. [7] Recording the submissions made at the Bar, the writ petition is dismissed as withdrawn with liberty to approach an appropriate forum as per law. [8] Furnish copy of this order to the learned counsel appearing for the parties. JUDGE Victoria