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2006 DIGILAW 647 (GAU)

New Bazar Committee, Tamenglong v. State of Manipur and Ors.

2006-07-19

T.NANDA KUMAR SINGH

body2006
1. Heard Mr. A. Modhuchandra Singh, learned G.A. appearing for the respondents 1 and 2 and Mr. N. Ibotombi Singh, learned CGSC for the respondent no.3. None appears for the petitioner without showing any cause. 2. Mr. A. Modhuchandra Singh, learned G.A. appearing for the respondents 1 and 2 submits that the present writ petition filed by an unregistered association for issuing a writ in the nature of certiorari for quashing the impugned order passed on 4.3.1993 is not maintainable. In order to substantiate his case, the learned G.A. has referred to the decision of the Apex Court in (1995) 1 SCC 85 , Narsingarh Mini Bus Owner's Syndicate & Anr. -vrs - State of Tripura and Ors: 1998(4) GLT 162 and also the decision of this court in All Manipur DIC Supervisors' Assn. -vrs - State of Manipur & Ors: 2000(1) GLT 374. 3. Mr.N. Ibotombi Singh, learned CGSC also submits that the present writ petition is not maintainable inasmuch as the registered association has no fundamental right guaranteed by the Constitution of India. He also submits that the Apex Court in (1995) 1 SCC 85 (supra) had in an unequivocal terms held that the unregistered society/association has no fundamental rights. 4. The learned G.A. also submits that there is an inordinate delay in filing the present writ petition for challenging the impugned order which was passed as early as 1993 and the said impugned order is a continuation of the order dated 29.12.1992. He also further submits that the impugned order dated 4.3.1993 is only for temporary purposes and it will continue till the finalization of the location of the office of the Deputy Commissioner and at present the location of the office of the Deputy Commissioner had already been finalized. 5. Taking into consideration of the submissions of the learned counsel of both the parties, this court is of the considered view that this writ petition is not maintainable inasmuch as an unregistered association cannot file writ petition for issuing a writ in the nature of certiorari. Accordingly this writ petition is devoid of merit and dismissed.