TAYENJAM BIJU SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Th. Ibohal, learned senior advocate and Mr. Th. Mahira, learned advocate appearing for the petitioners. Heard also Mr. Lenin Hijam, learned Advocate General (AG), Manipur, appearing for the respondents.

(2.) The facts of the present cases in a nutshell is that the petitioner in W.P.(C) No. 42 of 2021 and the petitioner in W.P.(C) No. 46 of 2021 claim that they are the owners and recorded pattadars of the homestead land under Patta No. 238 (Old), 438 (New) of C.S. Dag No. 309, 310, 311/812 having an area of 0.28 acre of Village No. 5/Khabam and of the homestead land under Patta No. 115 (Old), 439/910 (New) of C.S. Dag No. 313/1130 having an area of 0.08 acre of Village No. 5/Khabam respectively.

(3.) It is the case of the petitioners that they are in physical possession of the said land by constructing wooden structures and carrying on their business. According to the petitioners, the Sub-Deputy Collector (S.D.C.), Heingang, without giving any notice to the petitioners and behind their back, carried out an enquiry and submitted a report dtd. 30/4/2020 to the Sub-Divisional Officer (S.D.O.), Porompat, Imphal East, stating, inter-alia, that the homestead land of the petitioners are Government Khas land. On the basis of the aforesaid enquiry report submitted by the Sub-Deputy Collector, Heingang, the Sub-Divisional Officer, Porompat registered Rev. Misc. Case No. 7/SDO/P/IE of 2020 and Rev. Misc. Case No. 5/SDO/P/IE of 2020 against the petitioners respectively for cancellation of the Jamabandi of the petitioners.