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Judgment
Heard Shri N. Surendrajit, the learned counsel appearing for the petitioners and Shri Y. Ashang, the learend Addl. Government Advocate
appearing for the respondent Nos.1 and 2. None is present for the respondent No. 3.
The validity and correctness of the notification dated 14-07-2016 issued by the Moirang Municipal Council, Moirang is under challenge in this
writ petition.
The petitioner No. 1 is a registered society while the petitioner No. 2 is a duly elected Pradhan of the Thanga Pt.-II Gram Panchayat in the
election held in the year 2012. According to them, the Sendra Tourist Home is situated in the Thanga Assembly Constituency and accordingly, falls
within the area jurisdiction of Thanga Pt.-II Gram Panchayat and in other words, the Sendra Tourist Home is situated within the jurisdiction of the
petitioner No.2. The petitioner No.1 constructed its office at Sendra Public Ground situated at the foothill of Sendra Hillock where the Sendra
Tourist Home is constructed and has been in possession of the Sendra Public Ground for many years and accordingly, its name has been recorded
in the relevant land records/ Dag Chitha. The petitioner No. 1 has been managing the vehicle parking at Sendra Public Ground from time to time
without any interference from anyone. Although Sendra Village falls within the Revenue Jurisdiction of Moirang Pt.-II, the same is within Thanga
Assembly Constituency. However, to the utmost surprise of the petitioners, they came across a notification dated 14-07-2016 published in the
local daily called ''Poknapham'' inviting applications from amongst the registered Clubs/ Associations for participating in the tender for management
of the parking at the foothill of Sendra Hillock, Moirang. Being aggrieved by the said notification, the instant writ petition has been filed on the
inter-alia grounds that the Moirang Municipal Council, the respondent No. 3 has no jurisdiction to issue the said notification and that the Sendra
Hillock does not fall within the jurisdiction of the Moirang Municipal Council, Moirang while the same falls within Thanga Pt-II Gram Panchayat
and therefore, the said notification is void ab-initio and is liable to be set aside.
Despite notices being served upon the respondents, the respondent No. 3, Moirang Municipal Council, Moirang has chosen not to enter
appearance nor is its Executive Officer present in the court. However, an affidavit has been filed by the Deputy Commissioner, Bishnupur, the
respondent No.2.
In order to substantiate their case, the petitioners have relied upon two documents - one, the Panchayat Electoral Rules, 2012 wherein it has
been shown that 9/7/2 Ithing, Sendra, Heikon, Takmu Khola Heikon fall within the jurisdiction of the Gram Panchayat of Thanga and two, a letter
dated 13-10-2014 addressed to the Deputy Commissioner, Bishnupur by the Sub-Divisional Officer, Moirang wherein it has been stated that
Sendra is located at Revenue Village No. 53 of Moirang Pt.-II in terms of the Revenue jurisdiction while electors of Ithing Sendra situated at the
foothill of Sendra Hill belong to Thanga Assembly Constituency. In the affidavit filed by the Deputy Commissioner, it has been stated that the land
in question is recorded as State Khas land under Plot/ Dag No. 4 of Revenue Village No. 53- Moirang Pt-II.
The short issue that arises for consideration by this court is as to whether the Moirang Municipal Council, Moirang has jurisdiction to issue the
said notification or not. There is no material on record to show that the Moirang Municipal Council, Moirang has any jurisdiction or authority to
issue the said notification and moreover, the Moirang Municipal Council, Moirang has chosen not to enter appearance in the matter nor has it filed
any counter affidavit with the result that the averments made in the writ petition shall be deemed to have been admitted by it in terms of a catena of
decisions rendered by the Hon''ble Supreme Court. On perusal of the averments made in the writ petition along with the documents as well as the
averments made in the affidavit of the Deputy Commissioner, Bishnupur, the only conclusion that can be arrived at is that the Sendra Village falls
within the Revenue jurisdiction of Moirang Pt.-II but the same is within the Thanga Pt-II Gram Panchayat of the Thanga Assembly Constituency. In
other words, the allegation that Sendra village falls within the Thanga Part-II Gram Panchayat is not denied by the Deputy Commissioner,
Bishnupur. On top of that, despite a number of opportunities being granted to the State Government, the respondent No.1 which is the appropriate
authority to assist the court while deciding the issue involved herein, it has kept mum as if it had nothing to do with the issue. Both the Moirang
Municipal Council, Moirang and the Thanga Pt.-II Gram Panchayat being the local bodies constituted under their respective statutes, cannot have
a common jurisdiction over the same area namely, Sendra village which must fall within the jurisdiction of either of the them. So far as the Moirang
Municipal Council, Moirang is concerned, it has, as has been stated hereinabove, failed to appear before this court, leave alone the production of
its documents which are in its favour. Therefore, this court has no option left but to decide the issue based on the materials on record which have
shown that the issuance of the said notification by the Moirang Municipal Council, Moirang is without any jurisdiction and therefore, the same is
liable to be quashed and set aside.
In view of the above, the instant writ petition is allowed and consequently, the said notification dated 14-07-2016 is quashed and set aside.
There shall be no order as to costs.