A.S. PANSHI AND ORS. Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Mr. N. Ibotombi Singh, learned senior counsel for the petitioners, Ms. Monomala Devi, learned Government Advocate for the State respondents and also Ms. Gitanjali, learned counsel for the respondents No. 4 to 7. Also heard Mr. A. Arunkumar, learned counsel for the respondent No. 3.

(2.) IN this writ petition, the petitioners have challenged the notification dated 11.11.2005 by which one Shri V.S. Ngatangmi, the respondent No. 3 has been recognised as the Headman of Hatha village which is bounded on the north by Hundung village, on the south by Lambui village, on the east by Shangshak village and on the west by Tashar village. The petitioners also have challenged the order dated 30.11.2005 by which the Deputy Commissioner, Ukhrul notified the approval granted by the State Government to the recognition of Hatha village as a full fledged Hill House Tax Paying village of Ukhrul district pursuant to the aforesaid notification dated 11.11.2005, after calling for objections from interested parties on 7.10.2004.

(3.) MR . N. Ibotombi, learned senior counsel for the petitioners submits that the petitioners are the residents of Nungshang Village of which Hatha village is a part, which is clearly evident from the judgment dated 22.4.1976 passed by the Court of Executive Magistrate of Ukhrul in connection with FIR Case No. 1 of 1975 u/s. 107/116(3) Cr.P.C. in which the learned Executive Magistrate, Ukhrul passed an order u/s. 117 restraining certain parties in the proceeding. In the said judgment and order dated 22.4.1976, it is clearly mentioned in the second paragraph that there is a plot of land known as "Hatha" measuring about 415 acres located at Nungshang Village. The aforesaid fact that the land "Hatha" is located in Nungshang Village is also reflected in the order passed by the appellate Court of the Addl. Sessions Judge, Manipur dated 31.8.1976 in Cril. Appeal Case No. 16(2)/76/19(3) of 1976. These, according to the petitioners, sufficiently indicate that Hatha village is a part of Nungshang Village and the correctness of the aforesaid judgments had not been denied by the respondents. Therefore, it would clearly indicate that Hatha village is a part of the Nungshang Village and as such, the petitioners are vitally interested in any matter relating to the affairs of the Hatha village including the proposal of the State Government to grant recognition to it as a separate village. Accordingly, it has been submitted that since the petitioners have been denied an opportunity to submit an effective representation against the proposed recognition granted by the State Government, the notification dated 11.11.2005 recognising establishment of Hatha village as a full fledged Hill House Tax Paying Village and the subsequent approval granted by the State Government vide order dated 30.11.2005 are vitiated and are liable to be set aside.