Chewang Dorjee Bhutia vs The Secretary, Land Revenue Department ...
2024 Latest Caselaw 70 Sikkim

Sikkim High Court

Chewang Dorjee Bhutia vs The Secretary, Land Revenue Department ... on 4 July, 2024

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



                                I.A. NO. 01/2024
                                  Arising out of
                              W.P.(C) No. 46/2023


CHEWANG DORJEE BHUTIA                                  APPLICANT(S)
                                      VERSUS
THE SECRETARY, LAND REVENUE
DEPARTMENT AND ORS.                                    RESPONDENT (S)

For Applicant           :     Mr. Lahang Limboo, Mr. Avinash Dewan and Ms.
                              Rinchen Ongmu Bhutia, Advocates.

For Respondents No.     :     Mr. Shakil Raj Karki, Government Advocate.
1 to 3


For Respondent No. 4    :     Ms. Gita Bista, Ms. Pratikcha Gurung and Mr.
                              Dipendra Chettri, Advocates.


Date: 04/07/2024

CORAM :

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

                                    ORDER

This is an interlocutory application in respect of a disposed of writ petition,

being WP(C) No.46/2023. By a judgment and order dated 08th December, 2023,

the writ petition was disposed of with the following observations/directions:-

"In such circumstances, this Court is of the view that purely on the basic ground of violation of the principles of natural justice, the impugned order dated 02nd June, 2023, passed by the appellate authority, is liable to be set aside and is accordingly set aside. The statutory appellate authority shall hear out the appeal application dated 11th April, 2023, afresh, after giving adequate opportunity of hearing to all concerned including the writ petitioner and the private respondent no.4, strictly in accordance with law. The statutory appellate authority shall dispose of the appeal as expeditiously as possible, preferably within a period of three (03) months but not later than four (04) months from the date of communication of this order.

Since no affidavits have been called for, allegations made in the writ petition are deemed to be not admitted by the respondents.

The writ petition, being W.P.(C) No.46 of 2023, is accordingly disposed of."

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

Consequently, it appears that the statutory appellate authority passed a

final order on 20th March, 2024, upholding the order dated 02nd March, 2023,

passed by the District Collector at Namchi.

Now in the present interlocutory application, this final order dated 20th

March, 2024, passed by the statutory appellate authority, namely, the L.R, &

DMD, Gangtok, is the subject matter of challenge. On the face of it, the present

interlocutory application is patently misconceived and not maintainable. The

applicant cannot challenge the final order dated 20th March, 2024, passed by the

statutory appellate authority in a disposed of writ petition, since it was on the

basis of and pursuant to the judgment and order dated 08th December, 2023,

that the final order was passed.

On this ground alone, the interlocutory application, being I.A No.01/2024,

arising out in WP(C) No.46/2023, is liable to be summarily dismissed and stands

accordingly dismissed.

(Biswanath Somadder) Chief Justice jk/avi/ami