Smt. Sashikala Chettri and Master Jalesh Kharka (Chettri) vs The Commissioner-cum-Secretary, Food and Civil Supplies and Consumer Affairs Department, Government of Sikkim and Certificate Officer, Under the provisions of Sikkim Public Demands Recovery Act, 2006

P.D. Dinakaran, C.J.—Heard Mr. Bhaskar Raj Pradhan, learned Senior Counsel appearing for the writ Petitioners and also Mr. J.B. Pradhan, learned Addl. Advocate General appearing for the Respondents.

The writ petition is directed against the proceeding dated 10.05.2010 of the Certificate Officer, East Sikkim, Gangtok, initiated against the Petitioners herein under the provisions of the Sikkim Public Demand Recovery Act, 2006, on the ground that the same is without jurisdiction and violative of principles of natural justice.

However, Mr. J.B. Pradhan, learned Addl. Advocate General, on instructions from the Respondents/departments herein, submits that the Respondents/departments have decided to withdraw the impugned proceedings dated 10.05.2010 before the Certificate Officer, East Sikkim, Gangtok. Learned Addl. Advocate General has also made an endorsement in this regard, which reads as hereunder:

The Deptt. has agreed to withdraw the proceeding before the Certificate Officer with liberty to proceed in accordance with Law.

Sd/- 11.10.10

In that view of the matter, suffice it to permit the Respondents/departments to withdraw the impugned proceeding dated 10.05.2010 before the Certificate Officer, of course, without prejudice to their rights to proceed against the Petitioners, in accordance with law, if they are so advised.

Accordingly, the Writ Petition is dismissed as infructuous. No Cost.