Sikkim High Court
WP(PIL)/46/2012 of Tenchung Lachungpa, Pipon And Committee, Army Occupied Land Dispute Lachung, North Sikkim Vs Chief Secretary, Govt. of Sikkim and Ors. on 12 August 2014
COURT OF SIKKIM CIVIL JURISDICTION WP (PIL) No. 46/2012 Tenchung Lachungpa, Pipon & Committee, Army Occupied Land Dispute, Lachung, North Sikkim vs. The Chief Secretary, Govt. of Sikkim & Ors. BEFORE HON’BLE THE CHIEF JUSTICE MR. JUSTICE N.K. JAIN HON’BLE MR. JUSTICE S. K.
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IN THE HIGH COURT OF SIKKIM CIVIL JURISDICTION
WP (PIL) No. 46/2012
Tenchung Lachungpa, Pipon & Committee, Army Occupied Land Dispute, Lachung, North Sikkim vs. The Chief Secretary, Govt. of Sikkim & Ors.
BEFORE
HON’BLE THE CHIEF JUSTICE MR. JUSTICE N.K. JAIN HON’BLE MR. JUSTICE S. K. SINHA, JUDGE
16. 12.08.14 Present:
(Jain, CJ)
M/s. Karma Thinlay, Sr. Govt. Advocate with S.K. Chettri and Pollin Rai, Asstt. Govt. Advocates for respondents No. 1, 4 and 5.
M/s. Karma Thinlay, Central Govt. Advocate with Thinlay Dorjee Bhutia, Advocate for respondents No.2, 3 and 6.
…
Learned counsel for both the parties admitted that the points involved in the present writ petition are under consideration in W.P.(PIL) No. 17/2012. Although the W.P.(PIL) No. 17/2012 was filed by Public of Lachen, whereby this writ petition was filed by some applicants of Lachung. Lachen and Lachung, both are in North Sikkim, the respondents have filed their counter affidavit with regard to North Sikkim in W.P.(PIL) No. 17/2012.
(2) Mr. Karma Thinlay, learned Senior Counsel appearing on behalf of respondents, fairly and frankly, admitted that land occupied in Lachung is also the subject matter of W.P.(PIL) No. 17/2012, which is clear from letter dated 03.04.2010 available at page 9 (Annexure A-1), filed along with affidavit by the respondents dated 31.05.2012 in W.P.(PIL) No. 17/2012. He therefore, submitted that the point involved in the present case will also be considered in W.P.(PIL) No. 17/2012 and there is no need to keep this matter pending any more.
(3) In view of above and as agreed by learned counsel for the parties, the writ petition stands disposed off with observation and liberty to all the concerned/aggrieved parties, as mentioned above.
(4) It is needless to mention that the applicants will be at liberty to participate in W.P.(PIL) No. 17/2012.
(5) A copy of this order be placed on record in W.P.(PIL) No. 17/2012.
Judge Chief Justice 12.08.2014 12.08.2014