Sikkim High Court
Karmapa Charitable Trust And Ors vs State Of Sikkim And Ors on 28 October, 2024
Author: Meenakshi Madan Rai
Bench: Meenakshi Madan Rai
THE HIGH COURT OF SIKKIM : GANGTOK
(Civil Extraordinary Jurisdiction)
Dated : 28th October, 2024
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SINGLE BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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WP(C) No.24 of 2024
Petitioners : Karmapa Charitable Trust and Others
versus
Respondents : State of Sikkim and Others
Petition under Article 227 of
the Constitution of India
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Appearance
Mr. K. K. Rai, Senior Advocate and Mr. B. Sharma, Senior Advocate
with Mr. S. K. Pandey and Mr. Norden Tshering Bhutia, Advocates for
the Petitioners.
Mr. S. K. Chettri, Government Advocate with Mr. Sedenla Bhutia,
Legal Officer (R-2) and Mr. Sonam Palden Tamang, Legal Retainer
(R-2) for the State-Respondents No.1 and 2.
Mr. Anmole Prasad, Senior Advocate and Mr. N. Rai, Senior Advocate
with Mr. Sagar Chettri and Ms. Yangchen D. Gyatso, Advocates for
the Respondent No.3.
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ORDER
Meenakshi Madan Rai, J.
1. Two Orders are being assailed before this Court in the
instant Petition;
(i) Order dated 20-06-2023, of the Court of the Learned
District Judge, at Namchi, in Title Suit No.04 of 2022
(Karmapa Charitable Trust and 3 Others vs. State of
Sikkim and 3 Others), which was to decide an
application filed by the Petitioners on 15-03-2023
before the Learned Trial Court. Vide the Application
the Petitioners sought to cross-examine the Local
Commissioner, in view of his interim report dated 05-
12-2022.
Karmapa Charitable Trust and Others vs. State of Sikkim and Others 2
(ii) The second Order that is impugned before this Court is
dated 20-05-2024, which was to decide an application
filed by the Petitioners under Section 151 of the Code
of Civil Procedure, 1908 (hereinafter the, "CPC"),
seeking directions of the Court to restrain the
Defendant No.3 from carrying out any
demolition/alteration/construction in the suit property
in violation of the status quo order granted by the
District Court and the Higher Courts and directing the
Defendant No.1 to use police force to stop
demolition/alteration/construction in the suit property
in violation of the said orders.
2. Heard Learned Counsel for the parties.
3. The crux of these two applications arise from the
Petitions filed by the Petitioners under Order XXXIX Rule 2A read
with Section 151 of the CPC and Section 151 of the CPC on 03-12-
2022 before the Learned Trial Court. Pursuant thereto, an interim
report was filed by the Local Commissioner on 05-12-2022 and
another report on 01-05-2024. The reports of the Local
Commissioner came to be filed as the Petitioners alleged in their
Petitions (supra) that despite the Order of the Hon'ble Supreme
Court dated 07-01-2013, there had been violation of the same by
demolition of the main gate as well as construction of fresh
structures in the area.
4. To comprehend the matter, the relevant portion of the
Order of the Supreme Court dated 07-01-2013, is extracted below
which inter alia reads as follows;
"7. In our considered opinion, essential repairs to
the buildings in dispute should not be prevented by
any order of status quo passed by the trial Court of by
Karmapa Charitable Trust and Others vs. State of Sikkim and Others 3
the High Court as essential repairs have to be taken
up immediately to make the buildings habitable.
8. We, therefore, modify the impugned order of
the High Court and permit the appellant to carry out
the essential repairs in the buildings in question in the
presence of a Local Commissioner to be immediately
appointed by the trial Court. We further direct that
after the repairs are carried out, the Local
Commissioner will submit a report to the trial Court
indicating therein the exact nature of the repairs
carried out by the appellant.
9. We make it clear that we are not permitting the
appellant to carry out any demolition or new
construction in the buildings in question and have
permitted the essential repairs to be carried out in the
presence of the Local Commissioner. We also make it
clear that we have not expressed any opinion on the
merits of the case of either party." [emphasis supplied]
5. A bare reading of the Order indicates that there was no
scope for filing of interim reports by the Local Commissioner and a
report by the Local Commissioner was to be submitted before the
Learned Trial Court only after repairs were carried out indicating
the exact nature of the repairs carried out by the Respondent No.3.
6. In light of the specific direction in the order of the
Supreme Court extracted (supra), I am of the considered opinion
that the Learned Trial Court has exceeded its jurisdiction by calling
for interim reports from the Local Commissioner and allowing the
parties to file their objection to the interim report dated 05-12-
2022. These interim reports are therefore to be and are
disregarded and accordingly set aside.
7. Both impugned Orders of the Learned Trial Court are
consequently quashed and set aside.
8. In terms of the Order of the Hon'ble Supreme Court
(supra) and as agreed between the Learned Counsel for the parties
the Local Commissioner shall submit his report on 01-03-2025,
before the Learned Trial Court indicating the exact nature of the
repairs which has been carried out, as the Order of the Hon'ble
Supreme Court was pronounced on 07-01-2013 and almost a
Karmapa Charitable Trust and Others vs. State of Sikkim and Others 4
decade has elapsed since and the repairs cannot continue in
perpetuity.
9. Petition stands disposed of accordingly.
10. Copy of this Judgment be transmitted to the Learned
Trial Court for information.
( Meenakshi Madan Rai )
Judge
28-10-2024
Approved for reporting : Yes
ds/sdl
