KEIHIYANG RONGMEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This appeal is filed against the order of the learned Single Judge dated 22.01.2019. The appellants, two in number, are aggrieved by the order of the learned Single Judge dismissing the writ petition primarily holding that the cause of action for filing the writ petition is based on disputed questions of fact and the issue has to be decided only before the Civil Court and not by way of a writ petition.

(2.) The brief facts of the case as stated by the learned Single Judge is the claim between the three petitioners to a particular property of Kahulong village as against the claim of the third respondent in the writ petition, the third respondent in the appeal, who states that he is the half owner of the property in question based on an Exchange Deed, Exhibit-R/2 in the reply affidavit filed before the writ Court.

(3.) The cause for dispute arose after initiation of land acquisition process for widening the Tamenglong-Khongsang Road and in that, the parties were at loggerheads as to the compensation to be received by the real owner. In the circumstances, learned Single Judge recorded the facts of the case as follows:-