Khwairakpam Anita Devi vs State Of Manipur

I heard Mr. Ajoy Pebam, learned counsel for the petitioner and Mr. H. Samarjit, learned GA who takes notice for all the Respondents No.1 to 3.

[2] The case of the petitioner is that the 3rd respondent issued the present impugned order in Eviction Case No.4 of 2020 dated 23rd December, 2020

which is challenged in the writ petition.

[3] Mr. H. Samarjit, learned GA who appears for the Respondent Nos.1 to 3 informed this Court that though notice has been issued under the Eviction

Case, the petitioner ought to have filed an appeal before the authority concerned as per Section 3 of the Manipur Public Premises (Eviction of

Unauthorised Occupants) Act. But, without filing an appeal before the authority concerned, the writ petitioner has filed this writ petition by invoking

Article 226 of the Constitution of India which is not maintainable. Therefore, he prayed this Court to dismiss the writ petition whereas Mr. Ajoy

Pebam, Ld. counsel for the petitioner prayed this Court that though he is invoking the wrong provision by invoking Article 226 of the Constitution of

India, he may be permitted to file appeal an appeal by giving liberty and till such time, the impugned order may be suspended.

[4] Mr. H. Samarjit, Ld. GA also agreed that the writ petitioner may be permitted to file an appeal before the authority concerned as per the Act.

[5] Considering the arguments made by the Ld. counsel for the petitioner as well as the Ld. GA for the respondents and without going into the merits

and demerits of the case of the petitioner, I am inclined to pass the following orders:-

a) this writ petition is disposed of;

b) the petitioner is directed to file appropriate appeal against the order passed by the 3rd Respondent, Sub-Divisional Officer, Lamsang dated 23rd

December, 2020 within a period of 2(two) weeks from the date of receipt of copy of this order;

c) till such time, the respondents are directed not to take any coercive action pursuant to the impugned order dated 23rd December, 2020 passed by

the 3rd Respondent, the Sub-Divisional Officer, Lamsang in Eviction Case No.4 of 2020.

[6] Registry is directed to issue copy of this order to both the parties through their whatsapp/e-mail.