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Gauhati High Court · body
2006 DIGILAW 39 (GAU)
Manpineng Gangte v. State of Manipur and Anr.
2006-01-05
T.NANDA KUMAR SINGH
body2006
Heard Mr.N.Surendrajit and Mr.H.Raghumani Singh, learned counsel for the petitioner as well as Mr.R.S.Reisang, learned GA for respondents. [2] The factual matrix of the petitioner's case is that the petitioner is the absolute owner of the land measuring 111 acres under the gift deed dated 18.5.1982 executed by one Shri Jankhosei Mate s/o Chungjang Mate of Tuibong Village, who is said to be the owner of the said land measuring 111 acres of land which is situated at Tuibong Village, Churachandpur. It is also said that the petitioner had approached the competent authority for recognition of the said area as separate hill village in the name and style of Pisgah Village which is said to have been established on the said land measuring 111 acres situated at Tuibong Village. It is also said that earlier the Sub Divisional Officer, Churachandpur had issued an order being No.3/27/88/SDO/CH(Pt) dated 10.2.2006 for evicting 10 (ten) persons who are said to have been residing the Pisgah, Tuibong Village. Against the said eviction order, petitioner had approached this court by filing Writ Petition being WP© No.159 of 2006. This court by passing order dated 23.2.2006 had disposed of the said writ petition by directing the petitioner to approach the civil court for seeking appropriate relief. [3] It is said that in pursuance of the said order of this court dated 23.2.2006 the petitioner had approached the court of Civil Judge, Junior Division, Churachandpur for declaration of title and consequential relief and also along with an application for temporary injunction in respect of the said land of the petitioner measuring about 111 acres situated at Pisgah, Tuibong Village, Churachandpur. It is also said that the temporary injunction matter is scheduled to be taken up by the learned Civil Judge, Jr.Division, on 10.5.2006. When the said injunction matter is pending the Dy.Commissioner, Churachandpur passed the impugned order dated 28.4.2006 for evicting 33 (thirty three) persons who are said to have been residing in the said land of the petitioner measuring about 111 acres. [4] The learned Government Advocate appearing for the respondents submits that the said 33 persons who are aggrieved of the said order of the DC, Churachandpur dated 28.4.2006 have not approached this court and the petitioner has no locus standii for filing the present petition.
[4] The learned Government Advocate appearing for the respondents submits that the said 33 persons who are aggrieved of the said order of the DC, Churachandpur dated 28.4.2006 have not approached this court and the petitioner has no locus standii for filing the present petition. [5] From perusal of the impugned order of the DC, Churachandpur dated 28.4.2006 it appears that particulars of the 33 (thirty three) persons who are to be evicted under the order of the DC dated 28.4.2006 are not mentioned. The learned counsel for the petitioner apprehends that under the said order of the DC, dated 28.4.2006 the authority concerned may evict the 33 persons at random. Such being the situation immediate interference from this court is required. [6] Learned counsel for the petitioner also submits that no memorandum for demarcation prepared by the SDO, Churachandpur for demarcation of the land from where the said 33 persons are to be evicted is not furnished to the petitioner. [7] Since there is a serious disputed question of fact as to whether or not the petitioner is the absolute owner of the said land measuring about 111 acres, this court is of the considered view that the writ court is not the appropriate forum. [8] Accordingly, petitioner is directed to approach the Civil Court. However, the concerned authority shall not take up steps for evicting the said 33 persons in pursuance of the order of the DC, Churachandpur dated 28.4.2006 till the learned Civil Judge, Jr.Divn, Churachandpur finally disposed of the temporary injuction matter, i.e. Judicial Misc Case No.13 of 2006 (Ref: O.S.No.5 of 2006) [9] It is made clear that the learned Civil Judge, Jr.Divn., Churachandpur shall make an endeavour to dispose of the said Misc Case No.13 of 2006 (Ref: OS No.5 of 2006) as expeditiously as possible. With the above observation and direction the writ petition is disposed of.[ 2006 DIGILAW 39 (GAU) · digilaw.ai ]