ASEM BIMOLA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Kh. Mani Singh, learned counsel appearing for the petitioners and Mr. N. Koteshwar Singh, learned Advocate General, Manipur assisted by Mr. Viscount, learned counsel appearing for the respondents. Brief facts which is necessary for disposal of this writ petition are stated as hereunder:

(2.) KANGLA Fort, which is known as Kangla, is centrally located in the Capital City of Imphal, State of Manipur. As this Fort, which has been associated with the History of Manipur, was under the occupation of British since 1891 and the occupation having been continued by the Government of India, even after the British left in 1947, though the Assam Rifles, there was a popular demand from the general public as well as from the Government of Manipur for handing over the Fort to the Government of Manipur for its preservation and protection. In the year 1996, under certain arrangement made between the Ministry of Home Affairs, Government of India and the Government of Manipur, the erstwhile 11th Indian Reserve Battalion (for short 'irb'), which, later on, came to be known as 1st IRB, was allowed to occupy a portion of the Kangla Fort, perhaps, as a token of possession of the Fort by the Government of Manipur.

(3.) THE petitioners, 126 in number, who are the wives of the personnels of the 1st IRB, filed this writ petition as they have been asked by an order dated 5th September, 2008, (Annexure-A/6 to the writ petition), issued by the respondent no. 4, i. e. the Commandant, 1st IRB to vacate within 10th of September, 2008 the family quarters occupied by them, in the midst of the academic session of their children. On enquiry, it is found by the petitioners that the order dated 5. 9. 2008 was issued by the 4th respondent by way of complying with the directions contained in the communication dated 4. 9. 2008 (Annexure-A/7 to the writ petition ). The order dated 5. 9. 2008 under No. Endst. No. C-4/8/94-1st IRB and the communication dated 4. 9. 2008 under No. 2/8 (33)/2003-H (Security) are impunged and challenged in this writ petition. The communication dated 4. 9. 2008 (Annexure-A/7) is reproduced hereinbelow: