LUNGKHOTHANG SINGSON Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The writ petition was originally filed by the petitioner Lungkhothang Singson seeking to quash the order dated 30.6.2010 passed by the Deputy Commissioner, Churachanpur in Hill Revision Case No. 2 of 2010 alleging that his father was the recorded Chief of Lungthulien Village and while he was unable to function as Chief of the Village, the father of the petitioner allowed the petitioner to function as the chief of the village under an authorization letter dated 27.2.1989. Since the date of expiry of the father of the petitioner on 05.03.1989, the petitioner being the eldest son, he has been functioning as the Chief of Lungthulien village without any interruption and his name has also been recorded as the Chief of the village by the Sub Divisional Officer vide order dated 11.02.2010. However, the third respondent, who is the resident of Renkai village and the grandson of former Chief of Senvon village filed a petition before the Deputy Commissioner, Churachandpur challenging the order of recording the name of the petitioner as Chief of the Lungthulien village and obtained an order of stay on 30.6.2010, thereby staying the operation of the order dated 11.02.2010 passed by the Sub Divisional Officer, Tipaimukh. Challenging the said order dated 30.06.2010, the petitioner Lungkhothnag Singson filed the writ petition.

(2.) Pending writ petition, Lungkhuthang Singson died and kamminlun Singson was added as the second petitioner. According to the second petitioner, he inherited the Chiefship of Lungthulien village from his grandfather late Lungkhothang Singson through his father Sehkholal Singson. It is stated that since the father of the second petitioner has been incapable of being the Chief of the said Lungthulien village due to his ill-health and by customary law, the right and title of Chiefship was inherited in the family through the male lineage. Accordingly, the right and title of the Chiefship of Lungthulien village has been transferred by Sehkholal Singson to the second petitioner by way of deed of transfer of Chiefship on 03.10.2016 and accordingly, the second petitioner is proceeding with the writ petition.

(3.) The power of attorney holder of the third respondent filed affidavit-in-opposition on 31.5.2013 stating that the real dispute between the original petitioner and the third respondent is in respect of the land and title thereto and other rights pertaining to the office of Chiefship etc. The original petitioner ought to have gone to the Civil Court for establishing his right and title. It is stated that the Senvon Hill village is Kuki Tribal village established in or about 1906 with Kamkholun as the Founder Chief. Though the village has its hamlet/machets such as Lungthulien, Rovokot, Tipaimukh, Sipuikom and Sitam having separate village authority each, there is no system of having separate Chief of such sub-villages comprised therein. All these villages are under the high Administrative control and supervision of the Chief of the Senvon village in the administration and management of these villages according to the Kuki custom and usage.