KOIJAM ONGEBI IBEMHAL DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. A. Nilamani Singh, learned Senior counsel assisted by Mr. A. Bimol, learned counsel appearing on behalf of the petitioner, Mr. C. Komol learned senior counsel., Mr. N. Joychandra, learned Advocate appearing on behalf of the private respondents as well as Mrs. Ch. Bidyamani Devi, learned Addl. Govt. Advocate appearing on behalf of the respondents 1 to 5.

(2.) Being aggrieved at the refusal of the Revenue Tribunal, Manipur vide order dated 30.6.2003 in the Revenue Revision Case No. 24 of 2003, to interfere with the order being No. 1/43/SDO/KB/EVIC/2003 dated 21.4.2003, passed by the Sub-Divisional Officer, Keirao Bitra, this writ petition has been filed praying mainly for issuing a writ in the nature of certiorari far quashing the above said two orders and also the proceeding which is said to have been made before the Sub-Deputy Collector, Irilbung, on the basis of the above said order of the Sub-Divisional Officer Keirao Bitra.

(3.) There is no dispute in respect of the following facts : Mutum Dhananjoy Singh, Secretary, Nongpok Ningthou Development Committee, Keirao Bitra, who is the respondent No. 6 in this writ petition, filed an application to the Sub-Deputy Collector, Keirao Bitra, Imphal East requesting for demarcation of the land under Dag No. 8 and 9 (Southern-Western side of Yairipok Road) of Village No. 57 Keirao Bitra. The Sub-Deputy Collector, Irilbung sent the said application to the Sub-Divisional Of ficer, Keirao Bitra on 17.4.2003 for taking necessary action purportedly along with the list of 10(ten) persons said to be encroachers. While sending the said application to the Sub-Divisional Officer, Keirao Bitra., for doing the needful, the Sub-Deputy Collector, Irilbung, reported in his forwarding letter to the effect that 10(ten) persons given in the list were found encroaching upon the Government khas lands. The writ petitioner's deceased husband namely, Koijam Shyamkishor Singh was shown in the list as one of the encroachers of the land under Dag No. 8. Nothing is mentioned in the said forwarding letter if any emarcation has been done or not in respect of the said land under Dag No. 8 and 9 of Village No. 57 Keirao Bitra after giving due notice to the concerned persons found in possession of the land and if any of the said persons raised any question of title in his or her favour in respect of any portion of the land. It is not clarified in the said forwarding letter as to on what basis he was submitting the list of 10 (ten) persons as encroachers of Government khas lands. Purportedly after receiving the said forwarding letter along with its enclosures, the Sub-Divisional Officer, Keirao Bitra issued the impugned order being No. 1/43/ SDO/KB/KVIC/2003 dated 21.4.2003 directing the Sub-Deputy Collector, Irilbung and his staff to conduct the demarcation as prayed for and to cause the encroachers evicted within the date mentioned. The impugned order, a copy of which is at Annexure-A/5 of the writ petition, is as follows : "Government of Manipur Office of the Sub-Divisional Officer, Keirao Bitra ORDER Keirao Bitra, the 21st April, 2003. No. 1/43/SDO/KB/EVIC/2003 : Whereas an application was filed by Shri Mutum Dhananjoy Singh, Secy., Nongpok Ningthou Panthoibi Development Committee to the Sub Deputy Collector, Irilbung requesting for demarcation of Government Khas land under C.S.Dag No. 8 and 9 within 57-Keirao village of this sub division for the construction of Panthoibi Keithel. (2) Whereas a report was submitted by the SDC/Irilbung to the undersigned indicating that there was 10(ten) persons who had been encroaching open the Govt. Khas Land as mentioned in Para-1 above. In view of the above circumstances, I, the undersigned, hereby order SDC/Irilbung and his staff to conduct the demarcation as prayed for and to cause the encroachers evicted within 3rd instant. SdA (Th. Ibopishak Singh) Sub-Divisional Officer, Keirao Bitra"