LAWS(GAU)-2007-7-11

K G KALUNG Vs. STATE OF MANIPUR

Decided On July 30, 2007
K.G.KALUNG Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) Though this case is fixed for hearing, no Rule was issued, the matter is taken up for hearing as agreed upon by the parties for disposal.

(2.) Heard Mr. H. Nk. Singh, learned senior counsel assisted by Mr. Kh. Babulindro, Advocate appearing for the petitioner. Mr. H. Raghumani Singh, learned State counsel appearing for the respondents 1 and 2 and Mr. L. Sharat Sharma, learned counsel appearing for the respondent No. 3.

(3.) Present writ petition is filed by the petitioner, who is the Chief/Khullakpa of Khonglong Part-II Kabui Village within Senapati District, Manipur, for issuing a writ of certiorari for quashing and setting aside or declaring nullity of the order dated 20.06.2003 (Annexure-A/7 to the writ petition) passed by the SDO, Saitu-Gamphazol in Hill Misc. Matter No. 3 of 2003 whereby and whereunder the said Khonglong Kabui Village had been in existence since the British period and the same had been established since the year, 1963 till date as the same has been abandoned by the villagers of Khonglong Kabui Village during the period of Khongjai War in the year, 1917. The said SDO allowed the respondent No. 3 to establish a new village in the name and style of Namthangjang Village within the boundary of the village of the petitioner, namely Khonglong Part-II Kabui Village and also to allow the said respondent as Khullakpa for the convenience of payment of revenue tax. The said village has also been bifurcated into two separate villages namely Khonglong Kabui Village and Khonglong Part-II by an order dated 27.3.2003 of the learned Civil Judge (Senior Division) in OS No. 15/98/3/2000.