High CourtsSingle Bench(2023) 08 SIK CK 0024

Man Kumar Basnet And Others vs Tashi Chophel And Another

Sikkim High Court · Decided on 4 August 2023

HON’BLE JUDGES
Meenakshi Madan Rai, J
CASE NUMBER
Contempt Case (C) No. 03 Of 2023

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Judgment

9 paragraphs · 208 words

Meenakshi Madan Rai, J

Heard Learned Senior Counsel for the Petitioners.

It is submitted by Learned Senior Counsel that the State-Respondents have issued Notice to the Petitioners and are encroaching on the Petitioners land despite the protection afforded vide the Judgment of this Court in WP(C) No.25 of 2022 (Man Kumar Basnett and Others vs. Union of India and Others), dated 29-05-2023.

Issue Notice to the Respondents.

Learned Additional Advocate General for the State-Respondent No.1 and Learned Advocate for the Respondent No.2 are present on advance Notice and waive formal Notice.

In view of the averments made in the pleadings and the submissions put forth before this Court, Learned Additional Advocate General assures this Court that the State-Respondent will examine the allegations and take requisite appropriate measures.

Learned Counsel for the Respondent No.2 submits that in view of the said submissions of Learned Additional Advocate General, a short date may be given as the Respondent No.2 is suffering losses on account of the obstruction to their work by the Petitioners.

Having duly considered the submissions of Learned Counsel for the parties, in the interest of justice, I deem it necessary to afford time to the State-Respondent to enable it to act upon the assurance supra.

List on 17-08-2023.