ALL TANGKHUL YOUTH COUNCIL Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-4-22
HIGH COURT OF MANIPUR
Decided on April 10,2019

All Tangkhul Youth Council Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

KH.NOBIN SINGH,J. - (1.) Heard Mr. M Ibohal, learned counsel; and Mr. R. Daniel, learned counsel appearing for the petitioners and Mr. N. Kumarjit, learned Advocate General, assisted by Mr. P. Tamphamani, learned counsel appearing for the State respondents.
(2.) The prayers in the P.I.L. No. 45 of 2017 are as follows : "(iii) Issue a writ of "CERTIORARI"? thereby quashing/setting aside the entire proceedings initiated by the State Government of Manipur in connection with the order dated 8th December, 2016, in respect of the newly created 5 ( Five) hills districts Viz; Kangpokpi Sl. No. 2 of item No. 4, Tegnoupal - Sl. No. 4 of item No. 8, Kamjong - Sl. No. 5 of Item No. 10, Pherzawl - Sl. No. 6 of Item No. 12 and Noney - Sl. No. 7 of Item No. 14 District on the ground of unconstitutional, discriminatory, arbitrary, bias, illegal, ultra-vires, miscarriage of justice, for wants of jurisdiction and in violation of the well established principle of natural justice. (iv) Issue a Writ of "MANDAMUS"? directing the respondents to afford the "Principle of Natural Justice"? in favour of the poor affected tribals so as to follow the principle of due process of law at the time of creation of 5 (five) Hill Districts. The prayers in the W.P. (C) No. 422 of 2017 are as follows : "(iii) Issue a writ of "CERTIORARI"? thereby quashing/setting aside the entire proceeding initiated by the State Government of Manipur in connection with the impugned order dated 8th December, 2016, in respect of serial 5 of No. 10 with respect to newly creation of Kamjong District on the ground of unconstitutional, discriminatory, arbitrary, bias, illegal, ultra-vires, miscarriage of justice, for wants of justice and in violation of the well established principle of natural justice. (iv) Issue a Writ of "MANDAMUS"? directing the respondents to afford the "Principle of Natural Justice"? in favour of the poor affected tribals due to the issuance of the impugned order so as to follow the principle of due process of law at the time of creation new District, Kamjong
(3.) The cause of action for filing the P.I.L. and the writ petition is the impugned proceeding dated 08.12.2016 of the Government of Manipur, issued for creation of 7 (seven) new Districts. The impugned Notification dated 08.12.2016 is extracted below : GOVERNMENT OF MANIPUR SECRETARIAT: REVENUE DEPARTMENT NOTIFICATION Imphal, the 8th December, 2016 No. 16/20/2016-R : The Governor of Manipur is pleased to order the creation of 7 (seven) new districts by bifurcating the following existing districts : Sl. No Existing Districts New Districts Sub-divisions under the newly created districts 1 2 3 4 1 Imphal East 1. Imphal East District Porompat, Keirao Bitra and Sawombung 2. Jiribam District Jiribam and Borobekra 2 Senapati District 3. Senapati District Tadubi, Paomata, Purul, Willong, Chilivai Phaibung, Tuijang Waichong, Song-Song and Lairouching 4. Kangpokpi District Kangpokpi, Champhai, Saitu Gamphazol, Kangchup Geljang, Saikul, Lungtin, Island and Bungte Chiru 3. Thoubal District 5. Thoubal District Thoubal and Liong 6. Kakching District Kakching and Waikhong 4 Chandel Distric 7. Chandel District Chandel, Chakpikarong and Khengjoy 8. Tengnoupal District Machi, Moreh and Tengnoupal 5 Ukhrul District 9. Ukhrul District Ukhrul, Lungchong-Maiphai, Chingai and Jesami 10. Kamjong District Kamjong, Sahamphung, Kasom Khullen and Phungyar 6 Churachandpur District 11.Churachandpur District Churachandpur, Sangaikot, Tuibuong, Mualnuam, Singngat, Henglep, Kangvai, Samulamlan and Saiko 12. Pherzawl District Pherzawl, Thanlon, Parbung-Tipaimukh and Vangai Ranges 7 Tamenglong District 13.Tamenglong District Tamenglong, Tamei and Tousem 14. Noney District Nungba, Khoupum, Longmei (Noney) and Haochong 2. Further, the Governor of Manipur is pleased to create two Offices of the Additional Deputy Commissioner with Headquarter at Mao in Senapati District and Jessami at Ukhrul District 3. The District boundaries will be as per the existing boundaries of the concerned sub-divisions and in the event of any disputes relating to the district boundaries, the matter will be decided by a Districts Boundary Commission headed by a Retired Judge of High Court, with Administrative Secretaries of Home, Revenue and Tribal Affairs and Hills of the State Government as members. By orders etc., K. RADHAKUMAR SINGH Commissioner (Revenue)"? ;


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