M/S. Elevar Digitel Infrastructure ... vs State Of Sikkim And Ano
2026 Latest Caselaw 12 Sikkim

Sikkim High Court

M/S. Elevar Digitel Infrastructure ... vs State Of Sikkim And Ano on 19 March, 2026

Author: Meenakshi Madan Rai

Bench: Meenakshi Madan Rai

      THE HIGH COURT OF SIKKIM : GANGTOK
                     (Civil Extraordinary Jurisdiction)
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     SINGLE: THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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                          WP(C) No.15 of 2025
        Petitioner        : M/s. Elevar Digitel Infrastructure Private Limited

                                              versus

        Respondents      :         State of Sikkim and Others
     Application under Article 226 of the Constitution of India
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 Appearance
   Mr. Sangay Gyurmay Bhutia, Advocate for the Petitioner.
      Ms. Pema Bhutia,         Assistant    Government      Advocate     for   the
      Respondent No.1.
      Mr. Zigmee D. Bhutia, Advocate for the Respondent No.2.
      Mr. Mukkum Hang Limboo, Advocate for the Respondents No.3 & 4.
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                      Date of Hearing              :      19-03-2026
                      Date of Pronouncement        :      19-03-2026
                      Date of Uploading            :      19-03-2026
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                     JUDGMENT (ORAL)

Meenakshi Madan Rai, J.

1. The prayers in the instant Writ Petition are as follows;

".......................... Rule calling upon the Respondents to show cause as to why;

(a) A writ in the nature of Mandamus shall not be issued directing the respondent authorities to allow the petitioner's employee/workers to enter the leasehold premises and operate the telecommunication tower.

(b) In the alternative a writ in the nature of Mandamus shall not be issued directing the respondent authorities to allow the petitioner to remove all the telecom equipment and machinery from the tower site.

(c) An appropriate writ, direction or order should not be issued to the Respondent Authorities so as to provide adequate relief to the petitioners for the ends of justice.

........................................................."

2. The Petitioner's company had installed a

telecommunication tower at Sobralia Hotel, Namchi, which then

was owned by Respondents No.3 and 4. The tower site was earlier

M/s. Elevar Digitel Infrastructure Private Limited vs. State of Sikkim and Others 2

being operated by the telecom service provider i.e., Vodafone India

Limited and Vodafone Mobile Services Limited. The Vodafone India

Limited and Vodafone Mobile Services Limited entered into a

business transfer agreement with the ATC Telecom Infrastructure

Private Limited. The name of the ATC Telecom Infrastructure

Private Limited was subsequently changed to Elevar Digitel

Infrastructure Private Limited i.e., the Petitioner. The Petitioner

was managing the said tower and was allowed free ingress and

egress from the property in dispute now, between the Respondents

No.1 and 2 and Respondents No.3 and 4. During one of the

maintenance visits, the representative of the Petitioner came to

learn of the attachment order issued by the Respondents No.1 and

2 against the property of the Respondents No.3 and 4 but no

Notice was given to the Petitioner prior to issuance of the

attachment order causing prejudice to them including financial loss

due to failure in providing telecommunication network to the

customers as the tower remained non-functional. The Petitioner

through Counsel approached the Respondent No.1 by way of an

application dated 12-02-2025, apprising the Respondent No.1 of

the facts and prayed that the Petitioner employees/workers be

permitted to enter into the premises to connect electricity to the

tower site. The application remained unheard and on 08-04-2025

the Petitioner was constrained to issue Notice to the Respondent

No.1 to consider the said application which however was paid no

heed to and the application remains unheard by the Respondent

No.1. Hence, the prayers in the Writ Petition.

3. Learned Assistant Government Advocate appearing for

the Respondent No.1 and Learned Counsel appearing for the

M/s. Elevar Digitel Infrastructure Private Limited vs. State of Sikkim and Others 3

Respondent No.2, today submit that both Respondents No.1 and 2

have no objection to the Petitioner removing the

telecommunication tower and other related machinery and

equipment from the said building.

4. Learned Counsel for the Respondents No.3 and 4

submits that should there be any dues from the Petitioner they

may be given leave to obtain the dues from the Petitioner. In my

considered view, this is not the subject matter of the instant

Petition, consequently I desist from delving into that aspect, suffice

it to mention that the doors of justice are not closed to the

Respondents No.3 and 4 should they feel aggrieved on any count.

5. In view of the submissions of Learned Counsel for the

Respondent No.1 and Respondent No.2 and considering that they

have no objection to the removal of the concerned articles, the

Petitioner is hereby granted permission to remove all telecom

equipment and other related machinery from the tower site as

prayed.

6. Writ Petition stands disposed of accordingly.

( Meenakshi Madan Rai ) Judge 19-03-2026

Approved for reporting : Yes

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