COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings IA NO.02/2023 IN WA No. 05/2022 NIM PINCHO BHUTIA APPELLANT (S) VERSUS BHIM BAHADUR RASAILY/KAMI & ORS. RESPONDENT (S) For Appellant : Mr. Jorgay Namka, Senior Advocate as Legal Aid Counsel with Mr. Prajwal Rai, Advocate. For Respondent Nos. : Mr. Bhusan Nepal & Mr. D.K. Siwakoti, Advocates. 1 to 6(Applicants) For Respondent Nos. : Dr. Doma T. Bhutia, Senior Advocate and Additional No.7 to 10 Advocate General with Mr. S.K. Chettri, Government Advocate. For Respondent No. 11 : Mr. Jushan Lepcha, Advocate. Date: 18/08/2023 CORAM: HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE ...
ORDER : (per the Hon'ble, the Chief Justice)
Having heard the learned Advocates for the parties and upon perusing the instant application, we are of the view that in the facts and circumstances of the instant case -- since the main matter is essentially a writ appeal arising in respect of a judgment and order passed by the learned Single Judge in a writ petition, correctness whereof is now under challenge before us -- there cannot be any plausible or justifiable reason to allow the instant application only to place on record certain documents which were not even before the learned Single Judge at the time of pronouncement of the impugned judgment and order.
The application, therefore, is liable to be dismissed and stands accordingly dismissed.
List the main matter for further consideration on Friday, 22nd September, 2023.
(Bhaskar Raj Pradhan) (Biswanath Somadder) Judge Chief Justice jk/bp/avi/ami