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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

WP(C)No.658 of 2021

1. The Holy Spirit Catholic Church, Tribal Colony, New Chekon, PO & PS

Porompat, Imphal East District, Manipur-795005, represented by its

Chairman, Dominic Paojangam Haokip, son of (late) Solomon

Chungkholet Haokip, aged about 55 years, resident of Mahabali Kabui

Khul, PO Imphal & PS Porompat, Imphal East District, Manipur.

2. Sumpi Peter Anal, aged about 40 years, son of Sumpi Moris Anal,

resident of New Lambulane 1^st street, porompat Sub-Division, PO & PS

Porompat, Imphal Eas District, Manipur- 795005, Joint Secretary Holy

Spirit Catholic Church, Tribal Colony New Checkon.

…Petitioners

– Versus –

1. The State of Manipur represented by the Commissioner(Revenue),

Government of Manipur.

2. The Principal Secretary(works), Government of Manipur.

3. The Deputy Commissioner, Imphal East, PO & PS Porompat, Imphal

East District, Manipur-795005.

4. The Sub-Divisional Officer, Porompat, PO & PS Porompat, Imphal

East District, Manipur-795005.

…. respondents.

JOHN

TELEN KOM

Digitally signed by

JOHN TELEN KOM

Date: 2023.04.04

16:51:49 +05'30'

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With

MC(WP(C))No.90 of 2023

1. The State of Manipur represented by the Commissioner(Revenue),

Government of Manipur.

2. The Principal Secretary(works), Government of Manipur.

3. The Deputy Commissioner, Imphal East, PO & PS Porompat,

Imphal East District, Manipur-795005.

4. The Sub-Divisional Officer, Porompat, PO & PS Porompat, Imphal

East District, Manipur-795005.

…..Applicants

-Versus-

1. The Holy Spirit Catholic Church, Tribal Colony, New Chekon, PO

&

PS

Porompat,

Imphal

East

District,

Manipur-795005,

represented by its Chairman, Dominic Paojangam Haokip, son of

(late) Solomon Chungkholet Haokip, aged about 55 years, resident

of Mahabali Kabui Khul, PO Imphal & PS Porompat, Imphal East

District, Manipur.

2. Sumpi Peter Anal, aged about 40 years, son of Sumpi Moris Anal,

resident of New Lambulane 1^st street, porompat Sub-Division, PO

& PS Porompat, Imphal Eas District, Manipur- 795005, Joint

Secretary Holy Spirit Catholic Church, Tribal Colony New Checkon.

….Respondents.

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BEFORE

HON’BLE THE ACTING CHIEF JUSTICE MR. M.V. MURALIDARAN

JUDGMENT & ORDER

(Ora)

29.03.2023

This writ petition has been filed by the petitioners for issuance of a writ

of mandamus directing the respondents not to take up eviction process of the

premises now owned by Holy Spirit Catholic Church.

2. On 4.10.2021, when the writ petition was taken up for admission, this

Court passed an interim order directing the parties to maintain status quo.

Aggrieved by the order of status quo, the State filed MC (WP) No.90 of 2023 to

vacate the interim order dated 4.10.2021 and to allow the State authorities to

remove the unauthorized religious structures on public places in compliance

with the Hon’ble Supreme Court order dated 29.9.2009 in SLP (C) No.8519 of

2006 (Union of India v. State of Gujarat and others).

3. By consent, both the writ petition as well as the miscellaneous case

were heard together and disposed of by this common order.

4. Heard Mr. A. Mohendro, learned counsel for the petitioner and Mr.

Lenin Hijam, learned AG for the respondents.

5. Brief facts are as follows:

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Holy Spirit Catholic Church is a Church situated at Tribal Colony, New

Checkon, Imphal East and the settlers of New Checkon area who profess

Christianity (Catholic) felt the need of a Catholic Church in the locality and, as

such, some volunteers have made efforts for establishment of a Catholic

Church. The volunteers tried to purchase a piece of land suitable for

establishment of a Church. After rigorous search, the volunteers met the

owners of the land where the present Church is situated and requested the

owners to transfer a piece of land for construction of a Catholic Church. The

owners agreed to allow the volunteers to use a piece of land