COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
IA No. 03/2022
Arising out of
WP (PIL) No. 10/2019
RESIDENTS OF SAMDUR, EAST SIKKIM PETITIONER (S)
VERSUS
GOC 17 MOUNTAIN DIVISION & ORS. RESPONDENT (S)
For Petitioner : Mr. T.R. Barfungpa, Legal Aid Counsel.
For Respondent no.1 : Ms. Sangita Pradhan, Asst. Solicitor General.
For Respondents no. : Dr. Doma T. Bhutia, Addl. Advocate General.
2&3 Mr. S.K. Chettri, Govt. Advocate.
Date: 17/02/2022
CORAM:
HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
...
ORDER
This is an application taken out by the respondent no. 1 in WP (PIL) No.
10 of 2019 (Residents of Samdur, East Sikkim Vs GOC 17 Mountain Division and
Ors.), essentially praying for extension of time for complying with the judgment
and order dated 9th December, 2021, passed by this Bench and also for some
modification of the said judgment and order.
Upon perusing the application and after taking into consideration the
observations contained in our judgment and order dated 9th December, 2021,
we are of the view that in the interest of justice, time for compliance in respect
of the said judgment and order dated 9th December, 2021, may be extended for
a further period of eight weeks from.
So far as the prayer for modification of the judgment and order dated 9th
December, 2021 is concerned, it is in the nature of a pre-emptive prayer and as
such, we do not find any cogent and/or justifiable reason to accede to such
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prayer as made by the respondent no. 1 for modification of the judgment and
order dated 9th December, 2021.
The instant application stands disposed of accordingly.
(Meenakshi Madan Rai) (Biswanath Somadder)
Judge Chief Justice
jk/ds/avi
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