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Manipur High Court
BRIJ NARAIN, J.
Konsam Amujao Singh
Versus
Paejathang Haokip
Writ Misc. Petn. No.33 of 1953
Decided On : 31-01-1955
CONSTITUTIONAL LAW - WRIT OF CERTIORARI - JURISDICTION OF COURTS - MANIPUR STATE COURTS ACT, 1947 - MANIPUR STATE HILL PEOPLES (ADMINISTRATION) REGULATION, 1947 - MANIPUR STATE COURTS (AMENDMENT) ORDER, 1950 - MANIPUR ADMINISTRATION ORDER, 1949 - EXTRA PROVINCIAL JURISDICTION ACT, 1947 - CHIEF COMMISSIONER'S NOTIFICATION NO.J/12/51/23 DATED 23-5-1951 - VALIDITY - INTERPRETATION - SCOPE OF WRIT OF CERTIORARI.
Fact of the Case:
The petitioner, a Manipuri family, settled in the village Tronglaobi within the limits of Bishenpur Police Station, Manipur, under the orders of the then Maharaja of Manipur State. In 1949, the opposite party No.1 along with some other villagers of Mongyang trespassed upon the said land, leading to a series of legal disputes. The petitioner filed a declaratory suit No.155 of 1951 under O.1, R.8, C.P.C., in the Court of the Sub-judge, Manipur, against the opposite party Nos.1 and 20 others of Mongyang village, which was decreed ex parte in favor of the petitioner. The opposite party No.1 filed no appeal, revision, or restoration application against the decree, and it became final. The petitioner then applied to the opposite party No.2, the Deputy Commissioner, Manipur, for the issue of a patta in his favor, but the Deputy Commissioner refused to comply, ignoring the decree passed by the Sub-judge. The Deputy Commissioner, purporting to exercise powers under the Chief Commissioner's Notification No.J/12/51/23 dated 23-5-1951, proceeded to settle the land in question with the opposite parties Nos.1 and 4 and other persons. The petitioner challenged the validity of the Notification and the subsequent orders passed by the Deputy Commissioner, arguing that the Notification was illegal, void, and ultra vires, and that the Deputy Commissioner had no jurisdiction to try the Hill Civil Suit No.13 of 1953.
Finding of the Court:
The Court held that the Chief Commissioner's Notification No.J/12/51/23 dated 23-5-1951 was void and ultra vires, and the decree in Hill civil suit No.13 of 1953 dated 19-10-1953 was without jurisdiction and hence a nullity. Similar orders dated 18-11-1953 and 9-5-1953 by which the pattas were not issued in accordance with the orders of the Sub-Judge in civil suit No.155 of 1951 and the pattas were being issued to the opposite parties Nos.1 and 4 and others are also not binding on the present petitioner and others, as the decision in suit No.155 of 1951 was passed by competent court and it has become final.
Issues: 1. Whether the learned Sub-judge had jurisdiction to try the suit No.155 of 1951 and whether the decision in that case is binding on the parties. 2. Whether the Chief Commissioner's Notification No.J/12/51/23 dated 23-5-1951 was valid and whether the Deputy Commissioner had jurisdiction to try the Hill Civil Suit No.13 of 1953. 3. Whether the orders dated 18-11-1952 and 9-5-1953 passed by the Deputy Commissioner were binding on the petitioner.
Ratio Decidendi: 1. The Court interpreted the provisions of the Manipur State Courts Act, 1947, the Manipur State Hill Peoples (Administration) Regulation, 1947, the Manipur State Courts (Amendment) Order, 1950, the Manipur Administration Order, 1949, and the Extra Provincial Jurisdiction Act, 1947, and concluded that the Chief Commissioner's Notification No.J/12/51/23 dated 23-5-1951 was void and ultra vires. 2. The Court held that the Deputy Commissioner had no jurisdiction to try the Hill Civil Suit No.13 of 1953 and that the decree passed in that suit was a nullity. 3. The Court held that the orders dated 18-11-1952 and 9-5-1953 passed by the Deputy Commissioner were not binding on the petitioner.
Final Decision: The Court allowed the petition and issued a writ of certiorari, quashing the orders dated 9-5-1953, 18-11-1952, and 19-10-1953, and restraining the opposite parties from interfering with the petitioner's possession of the land in question.
Konsam Amujao Singh of village Tronglaobi, Police Station Bishenpur, has brought this petition for obtaining a writ of certiorari or any other appropriate writ against the opposite parties, i.e., the State of Manipur, the Deputy Commissioner, Manipur, and the remaining 2 opposite parties forbearing from acting upon in any manner or giving effect to the orders of the opposite party No.2 dated 18-11-1952 on petition No.3116-D.C. dated 17-11-1952; dated 9th May 1953 passed in the settlement of Tronglaobi Memo. No.1044/B.T. dated 19-1-1953 and dated 19-10-1953 passed in Hill Civil Suit No.13 of 1953, which has been confirmed by the Chief Commissioner, Manipur, in Chief Commissioners Revenue Appeal Case No.36 of 1953 on D/-13-11-1953 (Manipur) (A), and further prohibiting the opposite parties Nos.2 and 3 from proceeding with the settlement of the land in question with the other opposite parties Nos.1 and 4.
2. According to the petitioner 50 Manipuri families had left Manipur with the Maharaja of Manipur in 1890 A.D. for Cachar and between 1938 and 1940 A.D. the petitioner along with the remaining 49 families of Cachar Manipuries came from Ichapur within the Cachar district and settled at the village Tronglaobi within the limits of Bishenpur Police Station, and within the valley of Manipur under the orders of late Sir Churachand Singh, the then Maharaja of Manipur State. The then Government of Manipur passed necessary orders for settlement of the land specified below with these families on the recommendation of the then Chief Minister Shri Priyobrata Singh:
On the north - village Emon.
On the south - the river Laiga.
On the east - Khongnang Makha.
On the west - Thangjing hill.
The petitioner and the remaining 49 families thus claimed to have become entitled to the aforesaid land and they actually occupied it vide paras.1 and 3 of the affidavit.
In 1949 the opposite party No.1 along with some other villagers of Mongyang trespassed upon the said land and so an application was made to the then Manipur State Council for taking action. The Tehsildar of Bishenpur Tehsil in accordance with the instruction then issued by the Government of Manipur issued a public notice to the effect that the said land had been granted to the petitioner and the 49 families mentioned above, and anybody who would enter the aforesaid area without the permission of the authorities would be liable to punishment. The petitioner and the said 49 families remained in peaceful possession for some years over this land and later on the opposite party No.1 and some villagers of Mongyang, fomented trouble with the result that there was. a serious breach of peace in the said village. The present petitioner then brought a case No. 83 of 1951 under S.145, Criminal P.C., in the Court of the Sub-divisional Officer, Thoubal, and the Sub-divisional Officer ordered on 17-9-1951 that the petitioner and the other families referred to above migrated from Cachar district were entitled to the land in question. The opposite parties Nos.1 and 4 filed an appeal No.25 of 1951 (although no appeal is legally provided against the final decision in proceeding under S.145, Criminal P.C.) and the opposite party No.2 the Deputy Commissioner, Manipur, reversed the order of the Sub-divisional Officer, Thoubal, illegally and without jurisdiction according to the petitioner.
The petitioner then brought a declaratory suit No.155 of 1951 under O.1, R.8, C.P.C., in the Court of the Sub-judge, Manipur, against the opposite party Nos.1 and 20 others of Mongyang village and this suit was contested by the opposite party No.1 on the ground that the Sub-judge had no jurisdiction over the subject-matter of the suit. Ultimately the opposite party No.1 did not appear on the subsequent dates of hearing with the result that the suit was decreed ex parte by means of judgment dated 28-4-1952. The opposite party No. 1 filed no appeal nor revision nor any restoration application against the decree dated 28-4-1954 and
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