Ngangbam Ibethoi Devi v. State of Manipur and Anr

Item No. 4 IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP(C) No. 722 of 2024

Ngangbam Ibethoi Devi Petitioner Vs. State of Manipur & anr

Respondents

BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

16.10.2024

Heard Ms. Donapriya Asem, learned counsel appearing for the petitioner; Ms. L. Monomala, learned G.A. appearing for respondent No. 1; and Mr. U. Augusta, learned counsel appearing for respondent No. 2. In view of the limited prayer made by the petitioner and as agreed to by all the counsel appearing for the parties, the present writ petition is being disposed of at the motion stage itself. Ms. Donapriya Asem, learned counsel appearing for the petitioner, submitted that the petitioner is the Secretary of the Khwairamband Ima Keithel Kanba Association, having 52 members. According to the learned counsel, all the members of the said association are vendors indulging in vending activities in and around the Khwairamband Nupi Keithel. It has been submitted that in order to accommodate the vendors in and around the Khwairamband Bazar, the State Government has constructed 3(three) Ima Keithels at Khwairamband Bazar, having a total of 327 stalls in the first floor and the said stalls at the first floor is yet to be allotted to the street LAIREN MAYUM INDRAJ EET SINGH by LAIRENMAYUM INDRAJEET SINGH Date: 2024.10.16 15:22:02 -07'00'

vendors. The learned counsel further submitted that in respect of other street vendors, who are similarly situated as the members of the petitioner's association, the Imphal Municipal Corporation has issued an order dated 27.12.2021 proposing to accommodate altogether 132 stalls/shops to the street vendors of different associations in terms of the earlier direction given by this Court. In the said order, it is clearly mentioned that after adjusting the said street vendors, there are 195 shops/stalls remaining to be allotted to the interested persons/street vendors registered with Imphal Municipal Corporation. The learned counsel appearing for the petitioner also submitted that since there are adequate number of stalls for accommodating the street vendors, the petitioner has made a representation dated 24.08.2023 to the Imphal Municipal Corporation with a request for allotting them the stalls/shops as the members of the petitioner's association are facing lot of harsh weather conditions from time to time in carrying out their vending activities. It has also been submitted that the said representation is still pending for consideration by the authorities. The learned counsel, lastly, submitted that the petitioner will be satisfied for the time being if the present writ petition is disposed of by directing the Municipal Commissioner, Imphal Municipal Corporation to consider the said representation submitted by the petitioner and to dispose of the same by issuing an appropriate order within a stipulated period.

Ms. L. Monomala, learned G.A. and Mr. U. Augusta, learned counsel appearing for the respondents, fairly submitted that as the prayer of the petitioner is confined to the consideration and disposal of the representation submitted by her, they have no objection in disposing of the present writ petition as prayed for by the petitioner. Taking into consideration the submission advanced by the learned counsel appearing for the parties, this Court is of the considered view that interest of justice will be served by disposing of the present writ petition with the following directions:-

(i) The Municipal Commissioner, Imphal Municipal Corporation is hereby directed to consider the representation dated 24.08.2023 submitted by the petitioner requesting for allotting shops/stalls in the 1st floor of the three Ima Markets and to dispose of the same by passing appropriate order; and

(ii) The whole process should be completed within a period of 3(three) months from the date of receipt of a certified copy of this order. With the aforesaid directions, the present writ petition is disposed of.

JUDGE Indrajeet