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Mr. D.K. Siwakoti vs Mr. Sudesh Joshi
2022 Latest Caselaw 2 Sikkim

Citation : 2022 Latest Caselaw 2 Sikkim
Judgement Date : 17 February, 2022

Sikkim High Court
Mr. D.K. Siwakoti vs Mr. Sudesh Joshi on 17 February, 2022
Bench: Hon'Ble The Justice, Meenakshi Madan Rai
                                                                      COURT NO.1
                          HIGH COURT OF SIKKIM : GANGTOK
                                 Record of Proceedings



                              WP (PIL) No. 14/2019

IN RE: ESTABLISHMENT OF OLD AGE HOMES IN ALL DISTRICTS OF SIKKIM


For Petitioner            :    Mr. D.K. Siwakoti, Amicus Curiae.

For Respondents no.       :    Mr. Sudesh Joshi, Addl. Advocate General.
1 to 7                         Mr. Yadev Sharma, Govt. Advocate.
                               Mr. Sujan Sunwar, Asst. Govt. Advocate.

                               Ms. Renuka Lohar, Legal Retainer for Women and
                               Child Development Department, Government of
                               Sikkim.

For Respondent no.8       :    Ms. Sangita Pradhan, Asst. Solicitor General.



Date: 17/02/2022


CORAM:
    HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
    HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
                             ...

JUDGMENT: (per the Hon'ble, the Chief Justice)

Pursuant to our order dated 21st December, 2021, the status report, in the

form of an affidavit, has been filed by the Joint Secretary in Women & Child

Development Department, Government of Sikkim, wherefrom it appears that

the process of establishing Old Age Homes in all the districts of Sikkim - except

East Sikkim - has already commenced. These Old Age Homes are in various

stages of construction. Construction of an Old Age Home at South Sikkim has

already been completed and the process is underway for handing over the same

to an NGO based in Namchi, South Sikkim, with due approval of the State

Government.

So far as the other districts are concerned, as stated hereinabove, Old Age

Homes are in various stages of construction, except in East Sikkim, for which

budget is likely to be provided for construction of the Old Age Home in the

ensuing financial year.

Page 1 of 2

COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings

Taking note of the above facts, we are of the view that the State of Sikkim

has initiated the process of establishment of Old Age Homes in all the districts of

Sikkim and as such no useful purpose will be served in keeping the instant writ

petition - which is in the nature of a Public Interest Litigation - pending.

The instant writ petition stands, accordingly, disposed of.




                  (Meenakshi Madan Rai)                        (Biswanath Somadder)
                         Judge                                      Chief Justice
jk/ds/avi




                                                                                      Page 2 of 2
 

 
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