WP(C)/985/2021 of AS. KAPANGKHUI Vs STATE OF MANIPUR AND 3 OTHERS on 29 December 2021

KABORAMBAM Digitally signed by SAPANKABORAMBAM SAPANA CHANU A Date: 2021.12.30 14:49:21 +05'30'CHANU

Item No. 11

(Through video conferencing)

IN THE HIGH COURT OF MANIPUR AT IMPHAL

W.P.(C) No. 985 of 2021

AS. Kapangkhui

- Versus –

…. Petitioner/s

State of Manipur & 3 Ors.

.... Respondent/s

BEFORE HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH

29.12.2021

Mr. R.S. Reisang, learned senior counsel appearing for the petitioner submitted that the headman, Sorbung Village has been taken back by the present petitioner after his retirement from the government service and in this regard, the younger brother of the present petitioner, who was acting as in-charge headman has submitted a resignation letter to the Deputy Commissioner, Kamjong district, Manipur with a request to accept his resignation. Pursuant to the said resignation letter, the Deputy Commissioner, Kamjong district has wrote a letter dated 08.12.2021 to the SDO, Phungyar to cause an inquiry and furnish a detail report with relevant documents. It has been submitted by the learned senior counsel that despite the aforesaid letter of the Deputy Commissioner, Kamjong district, the SDO,Phungyar has not taken up any inquiry and furnish the enquiry report as requested by the Deputy Commissioner.

Having been aggrieved by the inaction of the SDO, Phungyar, the present writ petition has been filed with a prayer for directing the Deputy Commissioner, Kamjong district and the SDO, Phungyar to take up necessary action in connection with the change of headman of Sorbung village.

The limited prayer made by the learned senior counsel appearing for the petitioner is that a simple direction be issued to the SDO, Phungyar to take up the necessary inquiry and to submit a detail report as requested by the Deputy Commissioner, Kamjong district so as to enable the Deputy Commissioner to take necessary action relating to the change of headmanship of the Sorbung village. Mr. K. Jagat, learned Government Advocate has no objection in allowing the prayer made by the petitioner.

In view of the submission made above, the present writ petition is disposed of with the following directions; (a) The SDO, Phungyar is directed to conduct an enquiry and furnish a detail report regarding the resignation of the earlier headman of Sorbung village as requested by the Deputy Commissioner, Kamjong district within a period of 1(one) month from the date of the receipt of copy of this order, and and furnish a detail report regarding the resignation of the earlier headman of Sorbung village as requested by the Deputy Commissioner, Kamjong district within a period of 1(one) month from the date of the receipt of copy of this order, and (b) On receiving such report from the SDO, Phungyar, the Deputy Commissioner, Kamjong district is directed to take action on the basis of such inquiry report as deemed fit and proper. The Deputy Commissioner should complete the process within a period of 2(two) Deputy Commissioner, Kamjong district is directed to take action on the basis of such inquiry report as deemed fit and proper. The Deputy Commissioner should complete the process within a period of 2(two)

weeks from the date of receipt of the said report submitted by the SDO, Phungyar.

With the aforesaid directions, the present writ petition is disposed of.

JUDGE

Ab.Surjit