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AHANTHEM BIMOL SINGH
Themerimung Zimik – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. Heard Mr. Ng. Kumar, learned counsel appearing for the petitioner in W.P.(C) No. 203 of 2022 and for respondents No. 4 & 5 in W.P.(C) No. 352 of 2021 and W.P.(C) No. 102 of 2022 respectively. Heard also Mr. BR. Sharma, learned counsel appearing for the petitioner in W.P.(C) No. 352 of 2021 and W.P.(C) No. 102 of 2022 and respondent No. 4 in W.P.(C) No. 203 of 2022. Heard also Mr. Shyam Sharma, learned Government Advocate appearing for the State respondents in all the three writ petitions.
As the facts and issue involved in all the three writ petitions are the same, the said three writ petitions were heard jointly and being disposed of by this common judgment and order.
2. The only issue involved in these three writ petitions is with regard to who between the two writ petitioners is legally entitled to the allotment of Government Quarter Type-III/B-7 at Lamphelpat.
For the sake of convenience, the petitioner in W.P.(C) No. 203 of 2022 is referred to as petitioner No. 1 and the petitioner in W.P.(C) No. 352 of 2021 and W.P.(C) No. 102 of 2022 is referred to as the petitioner No. 2.
3. The brief fact of the present writ petitions is that both the petitioners are employees of th
The main legal point established in the judgment is the authority of the government to correct allotment mistakes and the entitlement of individuals to government quarters.
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
Eviction of occupants from government quarters requires adherence to due process and respect for constitutional rights, as per Articles 14 and 21.
Every decision of an administration and executive nature must be composite and self-sustaining one and in that it should contain all the reasons which prevail the official taking the decision to arri....
The court affirmed the validity of Paragraph XXVI of SO No. 03/2015, emphasizing the importance of preventing unauthorized construction and maintaining harmonious relations in government quarters.
Retrospective penal rent for higher government quarters unjustified after long legitimate occupation with normal charges; prospective application only.
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