DEITY MAYENGBAM LAIREMBI ALIAS YAOROIBI LAIREMBI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) These two Civil Rules raises common question of law and facts and as such they are being disposed by this common order.

(2.) Facts leading to the filing of the present writ petition may be briefly recited. The present dispute relates to a piece of land measuring .36 (Ingkhol) under Dag Nos. 149,150 and 151 of Village No.59 (Oinam Thingel) of 1908-09 Survey Operation corresponding to Dag No. 167 of village No.59 (Oinam Thingel) of 1937- 38 Survey Operation corresponding to Dag No.225 of Village No.59 (Oinam Thingel) of 1960 Survey operation. It has been stated that the Deity Mayengbam Lairembi alias Yaoroibi Lairembi has been possessing the said land as owner since many centuries. It is further stated that the Meiteis even after embracing hinduism continued to worship such deity by performing customary ceremony. During the reign of Lainigthou Loyamba, he distributed the duties of his subjects regarding the administration and management of the properties of Umanglais including the duties to perform the customary rites and rituals. The deities are performed through the members of Mayengbam Sagei. In other words, the Mayengbam Sagei are Shebaits and through these shebaits Mayengbam Sagei, the deities are worshipped. The deity also known as Mayengbam Lairembi. It is stated that the members of Mayengbam Sagei constructed the temple of the deity in the said Ingkhol and Laiharaoba and other ceremonies of the deity are worshipped in the land.

(3.) With the increase of population and corresponding scarcity of land, the members of Mayengbam Sagei apprehend that the ownership of the said land may be encroached upon by the people living in the vicinity and therefore, sometime on 8.7.76, the member of the Mayengbam Sagei through Mayengbam Tolchou Singh, the present appellant, submitted an application to the Deputy Commissioner (Central) for allowing the members of Mayengbam Sagei to pay Revenue regularly in respect of the land in question over which the temple is situated. The said application was recommended by S.D.O./Imphal West by its letter dated 20th Sept. 76. The learned Deputy Commissioner, Imphal considered the application and treated the said application as an application for allotment of the land and after considering the matter allotted the said land measuring. .36 acre to the deify by its order dated 26th Oct'76. It is stated that pursuant to the allotment, the deed of allotment was executed on 24,12.76 between one Mayengbam Haimo Singh (Respondent No.4) and the Appellants Shri Mayengbam Tolchou Singh, representing the shehials and Mayengbam Yaima Singh, representing the deity and the Deputy Commissioner (Central). After the execution of the registered deed of allotment and the payment of premium, a patta bearing No, 59/642 has been prepared in the name of the deity. In the meantime, a Review Application has been tiled for reveiw of allotment order before the Deputy Commissioner which was rejected by the Deputy Commissioner by its Order dated 8.10.87 refusing to a review the allotment order passed by his predecessor. Being aggrieved, the respondent No.4 filed a Revision petition against the Order dated 8.10.87 passed by the leaned Deputy Commissioner refusing the review of allotment order and also against the allotment order of the Deputy Commissioner dated 26.10.76 to the Presiding Officer, Revenue Tribunal, Manipur on the ground that he was not aware of the existence of the allotment orders till August, 1987 and also the said orders are void.