NAOREM IBOMCHA SINGH Vs. JOINT SECRETARY REVENUE

JUDGEMENT

(1.) This appeal relates with the allotment of land by the Deputy Commissioner under Section 14(1) of the Manipur Land Revenue and Land Reforms Act, 1960 (for short MLR & LR Act, 1960) and Manipur Land Revenue and Land Reforms (Allotment of Land) Rules 1962 (for short Allotment Rules, 1962) and also show cause notice issued by the Joint Secretary (Revenue) to the Government of Manipur for cancellation of allotment orders issued by the Deputy Commissioner. Sections 11 and 14 of the MLR & LR Act, 1960 and Rule 15 of the Allotment Rules, 1962 will be relevant for the purpose of deciding the present writ appeal. Accordingly for easy reference those relevant Sections and Rules are quoted hereunder in entirety

(2.) The present appeal is directed against the judgment and order dated 24.5.2001 for dismissing the writ petition (C) No. 287/2000 filed by the present appellants assailing the show cause notice dated 7.3.2000 issued by the Joint Secretary Revenue, Government of Manipur for cancellation of the allotment orders of the land issued in favour of the appellants. The only question to be decided in the present appeal is that who is the competent authority to issue the said show cause notice for cancellation of the orders of the Deputy Commissioner for allotment of the land belonging to the Government for agricultural purposes in exercise of his power under Section 14(1) of the MLR & LR Act, 1960 and also whether the Joint Secretary, Revenue, Government of Manipur has the power and jurisdiction to issue the impugned show cause notice dated 7.3.2000.

(3.) The present case has a very chequered history. The facts, stated very short, which would be sufficient for deciding the present writ appeal are that; the present appellant No.3, Yelangpokpi Champrakhong Collective Farming Co-operative Society is a registered society having registration No. 83/69-70 and formed by the landless agricultural workers. Out of a total area of 206.78 acres of land dereserved from the State Government Fishery land, by the then Deputy Commissioner of Manipur Central District, in exercise of his power under Section 14(1) of the MLR & LR Act, 1960 and MLR & LR Act (Allotment Rules), 1962 initially allotted 200.208 acres of land to the respondent No. 3, Co-operative society for agricultural purposes under allotment order dated 9.5.1972. The said allotment of land by the Deputy Commissioner under his order dated 9.5.1972 was subject to the conditions of allotment contemplated in Rule 15 of the (Allotment Rules), 1962. The land so allotted for agricultural purposes to the appellant No. 3, Co-operative Society under the said allotment of the Deputy Commissioner dated 9.5.1972 is situated in Khoijuman Khunou Village No. 40, formerly within the Central District of Manipur and subsequently within the Bishnupur District on trifurcation of the then Central District, Manipur. In pursuance of the said allotment order dated 9.5.1972 the appellant No. 3, Co-operative Society paid necessary premium and took the delivery of possession of the allotted land. A Deed of allotment dated 9.8.1972 was executed between the then Deputy Commissioner (Central) and Chairman of the appellant No. 3, Co-operative Society and was duly registered in the special Registrar, Bishnupur. After completion of the formalities, necessary application was filed being Misc. Case No. 73/SDC/B/72(N) for preparation of the patta etc. and record of rights in respect of the said allotted land i.e. 200.208 acres of land so allotted to the appellant No. 3, Co-operative Society under the said allotment order dated 9.5.1972. The SDC, Bishnupur, North also passed necessary order dated 28.11.1972 in Misc. Case No. 73/SDC/B/72 (N) for preparation of the patta etc. and record of right over the said allotted land. Accordingly, Patta & Jamabandi of the said allotted land were prepared.