LAWS(MANIP)-2024-4-4

AUTONOMOUS DISTRICT COUNCIL Vs. ROLEN PROU

Decided On April 17, 2024
Autonomous District Council Appellant
V/S
Rolen Prou Respondents

JUDGEMENT

(1.) Heard Mr. N. Umakanta, learned counsel appearing for the petitioner, Mr. Serto T Kom, learned counsel appearing for the respondent No. 1 and Mr. S. Nepolean, learned Government Advocate appearing for the respondents No. 2 and 3.

(2.) The present petition had been filed seeking, inter-alia, the following reliefs:-

(3.) It is the case of the petitioner that the respondent No. 1 filed Original Suit No. 1 of 2016 before the Civil Judge, Senior Division, Senapati District praying for passing a decree for declaration that the respondent No. 1/plaintiff is the owner and title holder of the suit land by way of possession and through an unregistered sale deed as described in schedule-A against the claim of the defendant No. 1 (The State of Manipur) and also to pass an order for permanent injunction against the defendants No. 1, 2 and 3 restraining them and their men, previse and agents from entering and demolishing the structures within the suit land. The defendants No. 1, 2 and 3 in the said Original Suit are (1) the State of Manipur represented by the Commissioner/ Secretary (Hills), Government of Manipur, (2) the Deputy Commissioner, Senapati, Government of Manipur and (3) the Autonomous District Council Senapati represented by the CEO, ADC, Senapati, Manipur respectively. It is the case of the petitioner that in the plaint of the said suit, allegations and claims are raised against the said defendants No. 1, 2 and 3 and the relief sought for in the said suit is also against the defendants No. 1, 2 and 3.