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Judgment
24 paragraphs · 460 words[1] This revision petition, filed under Article 227 of the Constitution of India, arises out of the order dated 03.07.2020 passed in Revenue Revision
Case No. 14 of 2020 by the Revenue Tribunal, Manipur at Lamphelpat. The said revenue revision case was filed by the respondent herein under
Section 95 of the Manipur Land Revenue & Land Reforms Act, 1960, assailing the order dated 24.02.2020 passed by the Sub-Deputy Collector,
Imphal, Sawombung, in Mutation Case No. 112/SC/SWG/2020. By the order dated 03.07.2020, the Revenue Tribunal stayed and set aside the
impugned order dated 24.02.2020 passed in Mutation Case No. 112/SDC/SWG/2020 till the disposal of Civil Appeal Case No. 5 of 2020 pending
before the learned District Judge, Imphal East.
[2] By order dated 27.11.2020, this Court stayed the operation of the order dated 03.07.2020, presently under revision.
[3] Heard Mr. Ng. Somorjit, learned counsel for the petitioner, and Mr. L. Seityandra, learned counsel for the respondent.
[4] The order under revision reflects that only the learned counsel for the petitioner in the revenue revision case was heard by the Revenue Tribunal
on 03.07.2020 and the petitioner therein was directed to take necessary steps within 5 (five) days’ time, made returnable on 29.07.2020.
Therefore, the revenue revision still remained pending for due consideration and adjudication. That being so, the Revenue Tribunal could not have set
aside the impugned order dated 24.02.2020. It could only have stayed its operation pending the disposal of the main case. The use of the words ‘is
hereby stayed and set aside’ in the order under revision therefore conveys an erroneous impression as nothing would remain in the revenue
revision case if the order impugned therein is already set aside.
 [5] On the above analysis, this Court sees no reason to delve into the merits of the pending revenue revision case as it would be for the parties
thereto to address all the issues arising therein before the Revenue Tribunal in the first instance. In effect, it would suffice at this stage if the order
under revision is modified to the extent of making it clear that the order dated 24.02.2020 passed in Mutation Case No. 112/SDC/SWG/2020, the
subject matter of Revenue Revision Case No. 14 of 2020 before the Revenue Tribunal, is only stayed pursuant to the order dated 03.07.2020 and is
not set aside.
It is for the Revenue Tribunal to consider the issues arising in the revenue revision case on their own merits and in accordance with law, after giving
due opportunity of hearing to both sides, and take a final decision as to the fate of the impugned order dated 24.03.2020 passed in Mutation Case No.
112/SDC/SWG/2020.
The revision case is disposed of accordingly.
There shall be no order as to costs.