VEIJALHING Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. N. Ibotombi, learned senior counsel appearing for the applicant, Mr. R.K. Umakanta, learned GA appearing for the respondents No. 1 and 2, Mr. Ashish Deep Verma, learned counsel assisted by Mr. M. Tapan Sharma, learned counsel appearing for the respondent No. 3 and Mr. Kh. Samarjit, learned ASG appearing for the respondents No. 4 and 5.

(2.) The case of the applicant is that the Chief of Songpi Village namely Shri Thienkholet Haokip gifted some portion of Songpi Village reserved unsurvey hill land measuring an area of about 120 hectares to the applicant, the present respondent No. 3 and another person in the year 1992 vide gift deed bearing Registered No. G/Deed 85/92 dtd. 17/7/1992. Thereafter, the portion of the Songpi Village reserved unservey hill land measuring about 120 hectares which was gifted to the applicant, the said respondent No. 3 and another person were partitioned and an area of about 103 acres out of the said 120 hectares of the said land was partitioned as absolute share of the said respondent No. 3 and the remaining area of the said land was partitioned as the share of the present applicant and another person.

(3.) It is the case of the present applicant that the land acquired by the Assam Rifles falls within the share portion of the applicant, however, the applicant recently came to know that the respondent No. 3 had withdrawn the compensation amount without any authority and had filed the connected Original (Land Acquisition) Case No. 1 of 2018 before the learned District Judge, Churachandpur and that the respondent No. 3, while filing the above preferred case, did not implead the applicant as one of the parties in the said case even though the present applicant is very much a necessary party.