Sikkim High Court

WP(PIL)/8/2014 of Shri Rameshwar Tamang & Anr. Vs Union Of India And Ors. on 4 June 2014

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COURT OF SIKKIM CIVIL JURISDICTION W.P.(PIL) No.08/2014 Rameshwar Tamang & Ano. vs. Union of India & Ors. BEFORE HON’BLE THE CHIEF JUSTICE MR. JUSTICE N.K. JAIN HON’BLE MR. JUSTICE S. P. WANGDI, JUDGE 05. 04.06.14 Present: Mr. Rameshwar Tamang, Petitioner No. 1 and Mr. (Jain,

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IN THE HIGH COURT OF SIKKIM CIVIL JURISDICTION

W.P.(PIL) No.08/2014

Rameshwar Tamang & Ano. vs. Union of India & Ors.

BEFORE

HON’BLE THE CHIEF JUSTICE MR. JUSTICE N.K. JAIN HON’BLE MR. JUSTICE S. P. WANGDI, JUDGE

05. 04.06.14 Present:

(Jain, CJ)

Mr. Rameshwar Tamang, Petitioner No. 1 and Mr. Suresh Subba, Petitioner No. 2, are present in person. Suresh Subba, Petitioner No. 2, are present in person.

M/s Karma Thinlay, Central Govt. Advocate with Thinlay Dorjee Bhutia, Advocate for respondent No. 1.

M/s. J.B. Pradhan, Addl. Advocate General with S.K. Chettri and Pollin Rai, Asstt. Govt. Advocates and Rita Sharma (Legal Retainer) for State-respondents No. 2 to 5.

M/s. N. Rai, Sr. Advocate with Bindu Gurung and Tamanna Chhetri, Advocates for respondent No. 6.

M/s. Madan Kr. Sundas and Bidur R, Lepcha, Advocates for respondent No. 9.

…

Heard petitioners, present in person and learned counsel for respondents.

Petitioners preferred this Public Interest Writ Petition on 28[th] February, 2014, with a prayer that an appropriate writ, order or direction be issued to respondents to strictly implement the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 (for short, “the Rules of 2000”).

From the pleadings and submissions of parties, it appears that at the time of filing the writ petition, examination of students were going on and date of General Election of Parliament and Assembly in Sikkim had been fixed in April, 2014, therefore, the present writ petition was filed.

Respondents filed their counter affidavit stating therein that they are strictly complying with the provisions of the Rules of 2000.

Both the petitioners, present in person, submitted that in view of averments made in counter affidavit filed by respondents, they are satisfied and they do not want to pursue the matter anymore.

After considering the submissions of both the parties, we are also satisfied that the respondents had taken and are taking steps to comply with the provisions of the Rules of 2000.

In these circumstances, we do not want to continue with the present Public Interest Litigation and the same stands disposed off.

Judge Chief Justice 04.06.2014 04.06.2014

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