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
[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;
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(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
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(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
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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).
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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
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