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2005 DIGILAW 220 (GAU)

Thongam Ongbi Mamota Devi v. State of Manipur and Ors.

2005-03-14

T.NANDA KUMAR SINGH

body2005
1. Heard Mr. H. Debendra Singh, learned counsel for the petitioner and Md. Jalal, learned Addl. G.A. for the respondents. 2. Learned counsel for the petitioner submits that the petitioner is the pattadar of the homestead land under patta No.287 corresponding to new patta No.283 covered by C.S. Dag No.62, measuring an area of .0101 Hectare of village No.47-Chingamakha Imphal West Tahsil. The petitioner has been in possession of the said homestead land as owner by constructing Katcha shop building with pucca latrine thereat for the last many years. True copy of the patta is at (Annexure-A/1 to the writ petition). That on 12.3.2005 at around 11.30 a.m. the Officer-in-charge of the Singjamei Police Station along with other police personnel came and instructed the petitioner and others to remove their buildings within 2(two) days irrespective of whether such buildings are constructed inside the pattalands or not. In the next day i.e. 13.3.2005 eviction was started at Singjamei area and the same will continue as such petitioner's has the strong apprehension that she will be evicted without due process of law. The learned counsel for the petitioner also submits that the petitioner has been informed by the Revenue staff as well as police personnel that she would be evicted from her patta land for expansion of the Indo-Burma Road. 3. This Court is flooded with the writ petitions which are similar with the present writ petition. In a welfare State like ours the executive authorities of the state Government have to act within the four corners of law. When the statutes confers powers in the State Government to be exercised in certain circumstances or eventualities, it would be right to presume that the legislature intends that the said power be exercised in the manner envisaged by the statute. If the statute confers drastic power, such power must be exercised in a proper and fair manner. Learned counsel for the petitioner clearly submits that the State Government having the officers fully conversant with the procedure for evicting pattadar from the patta land should follow the rule of law and procedure required for evicting the land owner from the patta land while taking up any step for eviction. It is good if the State Government takes step for evicting pattadar from the patta land for public purposes. It is good if the State Government takes step for evicting pattadar from the patta land for public purposes. But the State Government is cautioned that they should follow the procedure prescribed/due process of law while evicting the owners/pattadars from the patta land for public purposes. 4. In such situation, I direct the State respondents not to evict the petitioner from her patta land without following due process of law. It is made clear that the respondents should demarcate the area which are required to be evicted by giving notice to the petitioner by the Revenue officials, and eviction process shall be taken up according to due process of law. 5. With the above observation and direction, this writ petition is disposed of.