JUDGMENT

1. Heard Mr. P. Tomcha, learned counsel appearing for the petitioners and Mr. Lenin Hijam, learned Advocate General, Manipur appearing for the respondents.

The present two writ petitions have been filed with a prayer for quashing the order dated 15.01.2021 passed by the Deputy Commissioner, Imphal East, in Eviction Case No. 1 of 2021. Since the facts and law involved in the two writ petitions are the same, the present two writ petitions are heard jointly and the same are being disposed of by this common judgment and order.

2. The brief facts of the present case is that the petitioner in W.P.(C) No. 74 of 2021 and the petitioner in W.P.(C) No. 76 of 2021 claimed that they are the owners and recorded Pattadars of the homestead land under Old Patta No. 238 (Part), 1251/1268 (New) covered by C.S. Dag No. 853/1498 measuring an area of 0.0425 acres of Village No. 5-Khabam and the homestead land under Old Patta No. 238 (Part), 1251/1268 (New) covered by C.S. Dag No. 853/1498 measuring an area of 0.0425 acres of Village No. 5-Khabam respectively.

3. It is the case of the petitioners that they are in physical possession of the said land by constructing wooden structures and carrying on their business. According to the petitioners, the Sub-Deputy Collector (S.D.C.), Heingang, without giving any notice to the petitioners and behind their back, carried out an enquiry and submitted a report dated 30.04.2020 to the Sub-Divisional Officer (S.D.O.), Porompat, Imphal East, stating, inter-alia, that the homestead land of the petitioners are Government Khas land. On the basis of the aforesaid enquiry report submitted by the Sub-Deputy Collector, Heingang, the Sub-Divisional Officer, Porompat registered Rev. Misc. Case No. 8/SDO/P/IE of 2020 and Rev. Misc. Case No. 5/SDO/P/IE of 2020 against the petitioners respectively for cancellation of the Jamabandi of the petitioners.

4. The petitioners contested the aforesaid revision cases by filing their written statements and after hearing the parties, the Sub-Divisional Officer, Porompat disposed of the said cases by an order dated 12.10.2020, passed in the aforesaid revision cases by holding that he had no jurisdiction to decide the dispute in view of the provisions of section 11 (3) of the MLR & LR Act, 1960.

5. After disposal of the aforesaid revision cases, the Deputy Commissioner, Imphal East, registered a case being Rev. Misc. Case No. 4 of 2020 in his own motion and issued a notice dated 21.11.2020 to the present petitioners stating, inter-alia, that the Patta/Jamabandi of the petitioners were fraudulently prepared in their names without any allotment order issued by the Government of Manipur and that the entry of their names in the land records were made fraudulently and illegally without following the procedure prescribed under the Allotment Act and Rules and without any prior approval of the Government or the Deputy Commissioner and summoning the petitioners to appear before him on 30.11.2000 either in-person or by a duly instructed person who will be able to answer all the material questions relating to the case or otherwise to submit written statement and to produce witnesses/evidences and documents upon which they intend to rely in support of their claim.

6. The petitioners contested the case by filing their respective written statements and by appearing before the Deputy Commissioner, Imphal East, through their counsel. After hearing the counsel appearing on behalf of the present petitioners, the Deputy Commissioner, Imphal East, passed an order on 08.01.2021 in Rev. Misc. Case No. 4 of 2020 in exercise of the power under MLR & LR Act, 1960 with the following observations and directions:-

'(a) The suit lands covered by C.S. Dag No. 309, 310, 311 & 313 claimed by the Opp. Parties as C.D. Dag Nos. i) 309, 310, 311/812 ii) 313/1130 iii) 313/853 iv) 853/1498 & v) 853/1499 are recorded as 'State Land' 'Khas Land'. And in absence of any allotment order for the same, the respondent cannot be hel