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Thokchom Sujata Devi vs Union Of India & 5 Ors on 29 April, 2026

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Manipur High Court

Thokchom Sujata Devi vs Union Of India & 5 Ors on 29 April, 2026

Author: A. Bimol Singh

Bench: A. Bimol Singh

              Digitally signed by
KHOIROM KHOIROM
BIPINCHAN BIPINCHANDRA
          SINGH                                                                              Item No. 7 - 13
DRA SINGH Date: 2026.04.30
          01:16:18 +05'30'                  IN THE HIGH COURT OF MANIPUR
                                                      AT IMPHAL
                                                      PIL No. 27 of 2025

                   Thokchom Sujata Devi
                                                                                           ... Petitioner
                                                            - Versus -

                   Union of India & 5 Ors.
                                                                                       ... Respondents


                                    With MC(PIL)No.20 of 2025 With MC(PIL) No.21 of 2024
                                    With MC(PIL) No.37 of 2025 With MC(PIL)No.39 of 2025
                                         With PIL No.22 of 2024 With PIL No.9 of 2024




                                                    BEFORE
                                      HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
                                        HON'BLE MR. JUSTICE A. BIMOL SINGH


                                                        O R D E R

[M. Sundar, CJ]

29.04.2026

SPONSORED

[1] Read this in conjunction with and in continuation of earlier

proceedings made in the previous listing on 30.03.2026 which reads as

follows:

‘30.03.2026
[1] In the captioned cluster of matters, there are 3(three)
main ‘Public Interest Litigations’ (‘PILs’ in plural and ‘PIL’ in
singular for the sake of convenience) and 4(four) ‘Miscellaneous
Cases’ (‘MCs’ in plural and ‘MC’ in singular for the sake of
convenience).

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[2] To put it in a nutshell, all the captioned PILs put together
pertain to free movement in two National Highways and one
Asian Highway (NH-2, NH-37 and AH-1) and concessional air
fares from Manipur (Bir Tikendrajit International Airport) to
nearest convenient Airport i.e., Guwahati Airport (Lokpriya
Gopinath Bordoloi International Airport).

[3] As regards PIL No.27 of 2025, the proceedings in the first
listing on 30.10.2025 reads as follows:

‘[1] Captioned main writ petition (WP) has been filed
as a public interest litigation (PIL) with prayers inter alia
to ensure free movement in National Highways (NH-2, NH-
37 and AH-1).

[2] Mr. Keisham Chingkhei, learned counsel on record
for PIL petitioner, led by Sr. Advocate, Mr. Khaidem Mani,
is before this Court.

[3] Issue notice in the main WP and caption MC
thereat.

[4] Mr. W. Darakeshwar, learned Sr. PCCG, accepts
notice for respondent Nos. 1-4; and Mr. I. Amri, learned
counsel, accepts notice for respondent Nos. 5 & 6, Sr.
Advocate and learned Dy. Advocate General, Mr. H.
Debendra is also before this Court on behalf of Mr. I. Amri,
learned counsel for respondent Nos. 5 & 6.

[5] Mr. I. Amri, learned counsel for State, requests for
time to get instructions and revert to this Court.

[6] List on 17.11.2025.’

[4] Mr. Khaidem Mani, learned senior advocate, instructed by
Mr. M. Rakesh, learned counsel on record for petitioner in PIL
No.27 of 2025; Ms. N. Deepika, learned counsel for petitioner in
PIL No.9 of 2024; Mr. I. Amri, learned counsel for State; Mr.
Dayali Elangbam, learned counsel for respondent No.8 in PIL
No.22 of 2024; Mr. Romendro Sharma, learned counsel for
respondent No. 10 and 11 in PIL No. 22 of 2024 are before us in
the physical Court. Mr. M. Chittaranjan, learned counsel for
respondent Nos. 7 & 9 in PIL No.22 of 2024 is also present in the
physical Court and Mr. Rajesh Ranjan, learned counsel along with
Mr. Dhruv Dewan, learned counsel for respondent Nos. 7 and 8
in PIL No.22 of 2024 are before this Court on the Video
Conferencing (VC) platform.

[5] Today, Mr. Boboy Potsangbam, learned Central
Government Standing Counsel (C.G.S.C.) who is before us
submits that captioned matter has now been entrusted to him

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and in place of Mr. W. Darakeshwar, learned Senior Panel
Counsel for Central Government (Sr. PCCG) for respondent Nos.
1 to 4 in PIL No.27 of 2025, he would be appearing. This
submission is recorded. Mr. Boboy Potsangbam, learned C.G.S.C.
also submits that he has filed an affidavit-in-opposition for
respondent No. 1 and the same can be treated as affidavit-in-
opposition for respondent No. 2 also. As regards respondent No.
3 (The General Officer Commanding, 57th Mountain Division,
Leimakhong, Manipur), Mr. Boboy Potsangbam, learned C.G.S.C.
submits that he is yet to get instructions and after writing to
respondent No.3, he will either file affidavit-in-opposition or a
memo of no instructions by next listing.

[6] Mr. I. Amri, learned State counsel requests for time to file
affidavit-in-opposition but Mr. Kh. Mani, learned senior counsel,
instructed by Mr. M. Rakesh, learned counsel on record for PIL
petitioner in PIL No.27 of 2025 submits that he is ready and also
submits that the matter requires early attention.

[7] Mr. Dayali Elangbam, learned counsel on record for
respondent No.8 in PIL No.22 of 2024 submits that he has filed
an affidavit-in-opposition.

[8] However, as regards PIL No.22 of 2024, it is seen from
the case file that Mr. Ajoy Pebam is the counsel on record for PIL
petitioner but his name is not shown in the cause list today. To
be noted, there is no representation for PIL petitioner in PIL
No.22 of 2024.

[9] This Court, with the intention of giving opportunity to Mr.
Ajoy Pebam, learned counsel for petitioner in PIL No.22 of 2024,
directs the Registry to print the name of Mr. Ajoy Pebam, learned
counsel along with co-counsel, if any, in the cause list in the next
listing.

[10] Let State counsel for State of Manipur as well as Central
Government do the needful by next listing and it is open to other
respondents also to complete pleadings by next listing, if so
desired.

[11] Mr. M. Rakesh, learned counsel for PIL petitioner in PIL
No.27 of 2025 submits that he would examine the position
regarding ‘National Highways Authority of India’ (‘NHAI’ for the
sake of brevity) and the provisions under the National Highways
Act, 1956
(48 of 1956) and revert to this Court on obtaining legal
position in the next listing.

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[12] However, it is made clear that if pleadings are not
complete by the next listing, it may become necessary to treat
the next listing as peremptory and proceed with the matters on
available records but this Court will take a call on the same in the
next listing.

[13] List on 29.04.2026.’

[2] As regards afore-referred proceedings made in the previous

listing, in the hearing today, following points emerge:

(i) as regards ‘respondent No. 3’ (‘R-3’ for the sake of

convenience) {The General Officer Commanding,

57th Mountain Division, Leimakhong, Manipur} in PIL

No. 27 of 2025, Mr. Boboy Potsangbam, learned

CGSC (Central Government Standing Counsel)

submits that he has obtained instructions from R-3

vide communication dated 27.04.2026 bearing

reference No. 420024/PIL27/2025/LC. Learned

CGSC, adverting to instructions, submits that

preparation of affidavit is underway but brief

accommodation is necessary for finalizing and filing

the same owing to certain unforeseen developments

and prevailing security scenario. Learned CGSC

submits that 2 (two) weeks time is required for

finalizing and filing the affidavit of R-3. This

submission is recorded;

Page 4|8

(ii) as regards Mr. Ajoy Pebam, learned counsel on

record for PIL petitioner in captioned PIL No. 22 of

2024, pursuant to afore-referred earlier 30.03.2026

proceedings, name of learned counsel has since

been printed in the cause list and the learned

counsel is also present in Court;

(iii) as regards paragraph No. 11 of the earlier

30.03.2026 proceedings, Mr. M. Rakesh, learned

counsel for PIL petitioner in PIL No. 27 of 2025 who

is led by Mr. Kh. Mani, learned senior counsel

submits that he has since examined the position qua

‘National Highways Authority of India’ (‘NHAI’ for the

sake of brevity) and it may not be necessary to array

NHAI as a party. Learned counsel submits that he is

ready to make further submissions in this regard;

(iv) in the light of stated position of learned CGSC for

Union of India, Mr. S. Chittaranjan, learned

Additional Advocate General of Manipur submitted

that he would file an ‘Action taken report’ (‘ATR’ for

the sake of brevity);

(v) as regards PIL No. 22 of 2024, for Air India Limited

(respondent No. 7) and Air India Express Limited

Page 5|8
(respondent No. 9), Mr. Dhruv Devan, learned

counsel for respondent Nos. 7 & 9 is before this

Court on the Video Conferencing (VC) platform and

his colleague, Mr. Rajesh Ranjan, learned counsel is

also before this Court (Physical Court). Learned

counsel for respondent Nos. 7 & 9 submitted that

respondent No. 7 has already filed a response

affidavit and the same may please be treated as

response affidavit of respondent No. 9 also. This

submission is recorded;

(vi) Mr. Romendro, learned counsel for Airport Authority

of India (AAI) submits that he will also file an

affidavit in response and complete pleadings before

the next listing;

(vii) any other respondent/s who is/are to complete

pleadings before next listing, shall do so, failing

which, the matter will be taken up on available

records and on the basis of submissions of learned

counsel before us;

(viii) this Court finds that Alliance Air Aviation Limited

(respondent No. 12 in PIL No. 22 of 2024) though

duly served, remains unrepresented. Though a

Page 6|8
public limited company, this Court is informed that it

is fully State owned and it continues to be a State

carrier. In this view of the matter, learned CGSC

submitted that he would alert the Ministry of Civil

Aviation to do the needful in this regard.

[3] As regards the hearing today, Mr. Kh. Mani, learned senior

counsel instructed by Mr. M. Rakesh, learned counsel on record for

petitioner, Mr. Boboy Potsangbam, learned CGSC (Central Government

Standing Counsel) for respondent Nos. 1 to 4 and Mr. S. Chittaranjan,

learned Additional Advocate General of Manipur assisted by Mr. A.

Priyokumar, learned counsel for respondent Nos. 5 & 6 in PIL No. 27

of 2025 are before this Court (Physical Court).

Mr. Ajoy Pebam, learned counsel for PIL petitioner, Mr.

Boboy Potsangbam, learned CGSC for respondent Nos. 1 & 2, Mr. S.

Chittaranjan, learned Additional Advocate General of Manipur instructed

by Mr. A. Priyokumar, learned counsel for respondent Nos. 3 to 6, Mr.

Dayali Elangbam, learned counsel for respondent No. 8, Mr. Romendro,

learned counsel for respondent Nos. 10 & 11 are before this Court

(Physical Court) and Mr. Dhruv Devan, learned counsel is before this

Court on the Video Conferencing (VC) platform instructed by Mr. Rajesh

Ranjan and Mr. M. Chittaranjan, learned counsel for respondent Nos. 7

& 9 in PIL No. 22 of 2024 are before this Court (Physical Court).

Page 7|8
Ms. Alina, learned counsel for petitioner, Mr. Boboy

Potsangbam, learned CGSC for respondent Nos. 1 & 2, Mr. S.

Chittaranjan, learned Additional Advocate General of Manipur instructed

by Mr. A. Priyokumar, learned counsel for respondent No. 3 in PIL No.

9 of 2024 are before this Court (Physical Court).

[4] Mr. Kh. Mani, learned senior counsel appearing on behalf of

Mr. M. Rakesh, learned counsel on record for petitioner in PIL No. 27 of

2025 reiterated his earlier submissions that the matter requires early

attention.

[5] In the light of narrative thus far, this Court deems it

appropriate to grant time to Mr. Boboy Potsangbam, learned CGSC and

Mr. S. Chittaranjan, learned Additional Advocate General of Manipur to

file affidavit and ATR respectively. Let the needful be done regarding

Alliance Air Aviation Limited (respondent No. 12 in PIL No. 22 of 2024)

also and other respondents who need to complete pleadings.

[6]          List on 15.05.2026.




                               JUDGE                CHIEF JUSTICE

Bipin




                                                           Page 8|8
 



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