Sikkim High Court
Tseten Tashi Bhutia vs State Of Sikkim And Ors on 7 August, 2025
Bench: Chief Justice, Meenakshi Madan Rai
COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
WP (PIL) NO. 02/2025
TSETEN TASHI BHUTIA PETITIONER (S)
VERSUS
STATE OF SIKKIM AND OTHERS RESPONDENT (S)
For Petitioner : Mr. A. Moulik, Senior Advocate with Mr. Ranjit
Prasad, Ms. Laxmi Khawas and Ms. Neha Kumari
Gupta, Advocates.
For Respondent nos. : Mr. Aarohi Bhalla, Additional Advocate General with
1, 2 and 3 Mr. Thinlay Dorjee Bhutia, Government Advocate.
For Respondent no. 5 : Mr. Anubhav Sinha and Mr. Rinzing Dorjee Tamang,
Advocates.
For Respondent no. 6 : Mr. Sujan Sunwar, Assistant Government Advocate.
For Respondent no. 8 : Mr. Sudhir Prasad and Mr. Sangay Dorjee,
Advocates.
For Respondent nos. : Ms. Sangita Pradhan, Deputy Solicitor General of
9, 10 and 11 India assisted by Ms. Sittal Balmiki and Ms. Natasha
Pradhan, Advocates.
Date: 07/08/2025
CORAM:
HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
...
ORDER :
(per the Hon'ble, the Chief Justice)
On 5th June, 2025, we passed the following orders;
"The issue sought to be raised in the instant Public Interest
Litigation is more or less identical to the issue raised in another Public
Interest Litigation, being WP(PIL) No. 01 of 2024 (Mani Kumar Subba
vs. State of Sikkim and Others). That Public Interest Litigation was
dismissed by a judgment and order of this Court, which was rendered
on 15th May, 2025.
Now, so far as the present Public Interest Litigation is
concerned -- keeping the point of maintainability aside for the time
being -- this Court desires to ascertain from the State Government as
to whether the rights of the Bhutia-Lepcha communities have been
affected, in general, consequent upon the Cabinet decision dated 03rd
February, 2024, which forms the genesis of the present Public Interest
Litigation.
The State Government may, on this brief and limited point
alone, file its affidavit-in-opposition to the instant Public Interest
COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
Litigation, within a period of a fortnight from date. Reply thereto, if
any, within one week thereafter.
List this matter on 26th June, 2025, for further consideration."
Consequently, the State Government has filed its affidavit-in-opposition,
paragraph 3 whereof hereinbelow:-
"3. The State respectfully submits that the cabinet decision dated
03.02.2024 was taken in the best interest of the residents of the State in
general which includes the Bhutia-Lepcha Community. The decision being in
the welfare of the State, it includes the welfare and well being of the
members of the Bhutia-Lepcha Community and at any rate not adverse to
their interest."
According to the learned Advocate for the writ petitioner, the above quoted
paragraph lacks detailed analysis.
We are of the considered view that the paragraph 3 specifically reiterates
that the Cabinet decision dated 03rd February, 2024, was taken in the best
interest of the residents of the State in general which includes the Bhutia-Lepcha
Communities. In our view, this specific assertion made by the State Government
is good enough for the purpose of coming to a conclusion that the allegations
made in the instant Public Interest Litigation are totally unfounded and no decision
has been taken by the State Government which compromises with the welfare and
well-being of the Bhuita-Lepcha communities.
In such circumstances, the instant Public Interest Litigation is liable to be
dismissed and stands accordingly dismissed.
(Meenakshi Madan Rai) (Biswanath Somadder)
Judge Chief Justice
jk/ds/ami
