AI Structured Summary
Not yet generated for this judgment
Judgment
Ahanthem Bimol Singh, J
[1] Heard Mr. Serto T. Kom, learned counsel appearing for the petitioner and Mr. Lenin Hijam, learned Advocate General, Manipur assisted by Mr. A. Bheigya Meitei, learned counsel appearing for the respondents.
[2] In view of the limited prayer made by the petitioner and as agreed to by both the counsel appearing for the parties, the present writ petition is disposed of at the motion stage itself.
[3] It has been submitted by the learned counsel for the petitioner that the SDO, Thoubal issued a notice dated 29.09.2022 in exercise of the power conferred under Section 15 of the MLR & LR Act, thereby directing the petitioner to show-cause in writing on or before 04.10.2022 as to why he should not be removed/evicted from the said land. In response to the said notice, the petitioner has submitted his written objection dated 04.10.2022 and that the said objection is pending before the authorities for consideration and disposal.
[4] The learned counsel for the petitioner submitted that the present writ petition has been filed apprehending that the authorities might remove the petitioner from his land without following due process of law as contemplated under section 15 of the MLR & LR Act and Rule 18 of the MLR & LR Rules. The learned counsel for the petitioner further submitted that the present writ petition can be disposed of by directing the authorities not to evict the petitioner from his land without following due process of law as prescribed under the said relevant Act and Rules.
[5] The learned Advocate General, Manipur on the other hand submitted that the SDO, Thoubal had already issued an order dated 05.10.2022 thereby ordering that the eviction process is being put on hold till an enquiry as contemplated under Rule 18 of the MLR & LR Rules is completed and in that view of the matter, the apprehension of the petitioner is unfounded. The learned Advocate General further submitted that the present writ petition can be disposed of as prayed for by the learned counsel for the petitioner.
[6] In view of the submissions made above, the present writ petition is disposed of thereby directing the respondents not to evict the petitioner from his land being presently possessed by him without following due process of law.
With the aforesaid directions, the present writ petition is disposed of.