High CourtsSingle Bench(2024) 03 MAN CK 0005

Chongtham Huteshwar & Ors. vs State Of Manipur & Anr.

Manipur High Court · Decided on 6 March 2024

HON’BLE JUDGES
Ahanthem Bimol Singh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 159 Of 2024

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Judgment

10 paragraphs · 424 words

Ahanthem Bimol Singh, J

[1] Heard Mr. Keisham Kishan, learned counsel appearing for the petitioners and Mr. Lenin Hijam, learned Advocate General assisted by Mr. Dimal Kumar Haobam, learned counsel appearing for the respondents.

[2] At the outset, the counsel appearing for the petitioners submitted that the petitioners have no grievances against the Jamabandi issued in favour of the Directorate, Health Services, Manipur and that the petitioners will be satisfied for the time being if the present writ petition is disposed of by giving the petitioners two weeks’ time from today to enable them to file a reply to the impugned Eviction Notice dated 16-02-2024 issued by the SDO, Lamphelpat, Imphal West in connection with the Eviction Case No. 2 of 2024 and by directing the SDO to take a decision after considering the reply submitted by the petitioners strictly in terms of the applicable act and rules. The learned counsel further submitted that pending consideration and disposal of the reply submitted by the petitioners in connection with the said Eviction Notice issued in connection with the Eviction Case No. 2 of 2024, status-quo with regard to the possession of the land in dispute by the petitioners as on today be maintained.

[3] Mr. Lenin Hijam, learned Advocate General appearing for the respondents fairly submitted that he has no objection in disposing of the present writ petition as prayed for by the counsel appearing for the petitioners.

[4] After hearing the submissions advanced by the learned counsel appearing for the parties, the present writ petition is hereby disposed of with the following directions:-

(i) The petitioners are given two weeks’ time from today for submitting their Reply/ Show-Cause to the Notice dated 16-02-2024 issued by the SDO, Lamphelpat in connection with the Eviction Case No. 2 of 2024;

(ii) In the event of submitting such a Reply/ Show-Cause by the petitioners within the stipulated period, the SDO shall consider and dispose of the same strictly on its own merit and strictly in terms of the applicable act and rules and pass appropriate orders;

(iii) Pending consideration of the reply submitted by the petitioners and disposal thereof by the SDO concerned, status-quo with regard to the possession of the land in dispute by the petitioners shall be maintained.

(iv) It is made clear that if the petitioners failed to submit their Reply/ Show-Cause to the impugned Notice dated 16-02-2024, the authorities are at liberty to pass any appropriate order as deem fit and proper.

With the aforesaid directions, the present writ petition is disposed of.