MANOHARMAYUM BIMOL SHARMA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) SUBJECT matter of challenge in the writ petition is the notice issued in Annexure A/17 by SDO, Lamphel, Imphal West to the petitioner on 30th December, 2013 directing him to vacate the portion of disputed land and structures standing thereon by 9th January, 2014.

(2.) BRIEF facts of the case are that the petitioner along with two others had filed Original Suit No. 39/86/35/86/35/87/53/90/3 of 2003 in the Court of Civil Judge (Sr. Divn.) No. II, Manipur East for declaration of title and consequential relief. On the basis of the pleadings of the parties in the suit, the learned Civil Judge (Sr. Divn.) No. II, Manipur East framed eight issues out of which three are relevant. The first issue was as to whether, the plaintiffs have acquired title by way of adverse possession or not. The second relevant issue was as to whether the order dated 10.9.1985 passed by the Court of Forest Settlement Officer in Objection case No. 61/1967 shall be binding on the parties. The third relevant issue was as to whether the Govt. of Manipur allotted 80 (eighty) hectares of land at Langol Hill vide Govt. of Manipur Secretariat, Forest Department No. 55/4/84 -For dated 29.8.1985 and whether such allotment includes the suit land.

(3.) IN pursuance of the above order, it appears that notice was issued in Eviction Case No. 5 of 2013 to vacate the land and remove structures standing therein failing which eviction would be carried out. This notice dated 30th December, 2013 in Annexure A/17 is the subject matter of challenge in the writ petition.