Chandra Bahadur Katwal vs State Of Sikkim And Ors
2021 Latest Caselaw 61 Sikkim

                                                                       COURT NO.1
                               HIGH COURT OF SIKKIM
                    Record of Proceedings through Video Conferencing



                              WP (C) No. 29/2020


CHANDRA BAHADUR KATWAL                                    PETITIONER (S)
                                       VERSUS
STATE OF SIKKIM & ORS.                                    RESPONDENT (S)

For Petitioner           :     Mr. S.S. Hamal, Advocate (Legal Aid Counsel).

For Respondents          :     Dr. Doma T. Bhutia, Addl. Advocate General.
No. 1 to 4                     Mr. S.K. Chettri, Government Advocate.

For Respondent No.5      :     Mr. Sushant Subba, Advocate.


Date: 20/10/2021

CORAM :

      HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
                               ...

                                JUDGMENT (ORAL)

This writ petition has been filed by one Chandra Bahadur Katwal,

essentially praying for the following reliefs:

"(a) Admit this petition, call for the records of said land acquired by the respondent no.2 for extension of Gyalshing Bazaar in West Sikkim, issue Rule calling upon the state respondents to show cause as to why writ of / or in the nature of Mandamus/or any other appropriate writ, order or direction of like nature be not issued for payment of compensation to the petitioner for his said land acquired by the respondent no.2 for extension of Gyalshing Bazaar in West Sikkim and after perusal of the records, causes shown, if any, and upon hearing the parties, may please to make the Rule Absolute and/or pass any other/orders/directions as Your Lordships deem fit and proper for the ends of justice."

An affidavit-in-opposition/counter affidavit has been filed on behalf of the

State-respondents which reveals that the plot in question was handed over to

the concerned department of the State Government as far as back on 24th

August, 1979. This affidavit further reveals that the compensation was paid to

COURT NO.1 HIGH COURT OF SIKKIM Record of Proceedings through Video Conferencing

one of the writ petitioners' ancestors, i.e. his grand-father (Shri Hasta Bahadur

Chettri) way back in 1976/1978.

The writ petitioner has not disclosed these material facts before this Court

while filing the instant writ petition in the year, 2020. Bona fides of the writ

petitioner are clearly suspect. Ordinarily this writ petition ought to be dismissed

with exemplary cost. However, since this Court is informed that a counsel from

the State Legal Services Authority has been engaged to prosecute this matter

on behalf of the writ petitioner, it refrains from imposing any cost but,

nevertheless, issues a word of caution to the writ petitioner to desist from

abusing the process of the writ Court, in future.

The writ petition is accordingly dismissed.

Dismissal of this writ petition, however, shall not cause any prejudice to

the civil rights of the writ petitioner, if at all there be any.

(Biswanath Somadder) Chief Justice jk/avi