Wungreikhan Kasar vs State Of Manipur

[1] Heard Shri I. Lalitkumar, learned Senior Advocate appearing for the petitioner and Shri Niranjan Sanasam, learned Government Advocate

appearing for the respondents.

[2] By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to

consider the representation dated 18-01-2001 for maintenance of village boundary land between Sikibung Village and Sareikhong Village.

[3] According to the petitioner, he is the Village Chief/ Headman (Khullakpa) of Sikibung Village recognized by the Government of Manipur vide

order dated 30-04-2014 issued by the Deputy Commissioner, Ukhrul as per the customary law of Tangkhul Tribe.

[4] In a Civil Appeal Case No.5 of 1947-48 arising out of the dispute relating to the boundary between Sikibung village and Sareikhong village, the

Court of SDO/E, Ukhrul vide its order settled the boundary between the two villages and declared that the boundary of the said villages would be

Khoirulok and accordingly, the encroachment, if any, in the land of Sikibung Village by the villagers of Sareikhong village was directed to be removed.

However, the villagers of Sareikhong village failed to vacate the land which resulted in the intervention by the SDO, Ukhrul in the Eviction Case No.1

of 1954-55. However, the villagers of Sareikhong village did not give up the possession of the disputed land and continue to occupy the same. Shri

Solun Kuki of Sareikhong Village filed a civil suit in the court of SDO, Ukhrul being No.173 of 1956-57 challenging the order passed in the said Civil

Appeal Case No.5 of 1947-48. As he could not produce any document to prove his case, the SDO, Ukhrul passed an order observing that the disputed

land belongs to Sikibung village. But due to non-compliance with the orders passed by the SDO, Masangthei Khullakpa approached the court of law

by filing multiple cases wherein the Hon’ble District Judge, Manipur vide its judgment and order passed in Civil Appeal Nos.84 of 1960, 44 of 1962

and 58 of 1964 ordered that Masangthei Khullakpa of Sikibung was entitled to get possession of the suit land. As the said order had attained finality,

the boundary between the two villages was recognized and it was/ is for the parties to implement it.

[5] On 29-12-2020 while the petitioner was working in the area of Litan Bazar, was attaked by a group of people headed by Hemkhothang Baite who

is the current Chief of Sareikhong Village. However, the petitioner managed to escape and an application was submitted to the O.C., Litan Police

Station for taking appropriate legal action. Due to non-maintenance of the boundary between the two villages, the encroachment in the land of the

petitioner’s village has been continued because of which the petitioner submitted a representation dated 19-01-2001 requesting the authorities for

maintenance of the boundary between the said two villages in terms of the order dated 23-06-1967 passed in Civil Appeal Nos.84 of 1960, 44 of 1962

and 58 of 1964 and its Execution Case No.16 of 1960. The said representation is still pending for consideration by the authorities and being aggrieved

by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioner.

[6] When the instant writ petition is taken up for consideration, it has been submitted by Shri I. Lalitkumar, learned Senior Advocate appearing for the

petitioner that the same can be disposed of by issuing an innocuous order and accordingly, the writ petition stands disposed of with the direction that

the respondents and in particular, the respondent No.7, Deputy Commissioner, Ukhrul shall consider the representation dated 18-01-2001 and dispose

of the same within a period of one month from the date of receipt of a copy of this order by issuing a speaking order in respect thereof.