Sikkim High Court

WP(C)/14/2024 of RADHIKA PRADHAN Vs PURNA KUMAR PRADHAN AND ORS. on 13 August 2024

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COURT OF SIKKIM: GANGTOK (Civil Extra-Ordinary Jurisdiction) ------------------------------------------------------------------------------------------ SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE

THE HIGH COURT OF SIKKIM: GANGTOK(Civil Extra-Ordinary Jurisdiction)

------------------------------------------------------------------------------------------ SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE------------------------------------------------------------------------------------------ W.P. (C) No. 14 of 2024Smt. Radhika Pradhan, Aged about 47 years, Wife of Sudeep Narayan Pradhan, R/o Sang Martam, District Gangtok, Sikkim-737 135. ….. PetitionerVersus 1.Mr. Purna Kumar Pradhan, S/o Late Badhri Lall Pradhan, R/o Sang Martam, District Gangtok, Sikkim-737 135. 2.Mrs. Pushpa Kala Pradhan, Wife of Mr.Purna Kumar Pradhan, R/o Sang Martam, District Gangtok, Sikkim-737 135. 3.Mr. Sudeep Narayan Pradhan, S/o Mr. Purna Kumar Pradhan, R/o Sang Martam, District Gangtok, Sikkim-737 135. 4.District Collector, Office of the District Collectorate, Gangtok, Sikkim-737 101.

….. Respondents

Writ Petition under Article 226/227 of the Constitution of India.

--------------------------------------------------------------------------- Appearance:

Mr. Sajal Sharma, Legal Aid Counsel for the petitioner.

None for the Respondent Nos. 1 to 3.

Mr. Shakil Raj Karki, Government Advocate for the Respondent No.4.

--------------------------------------------------------------------------- Date of Hearing : 13.08.2024 Date of Order : 13.08.2024

ORDER (ORAL)

Bhaskar Raj Pradhan, J.

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1. The present writ petition filed by the petitioner against the respondents seeks the quashing of the impugned Order dated 16.03.2024 passed by the District Magistrate, Gangtok directing the petitioner to vacate the house within two months, apparently under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. Mr. Shakil Raj Karki, learned Government Advocate representing the District Collector-respondent no.4 submits that the respondent no 4 vide Memo No.413/DC/GTK/2024 dated 25.07.2024 signed by him on 19.07.2024 has withdrawn the impugned Order dated 16.03.2024. Without examining the merits of the reasons given in the Memo No. 413/DC/Gtk/2024 dated 25.07.2024 it is taken on record and marked ‘X’. A copy of the same has also been handed over to the learned counsel for the petitioner.

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3. In view of the withdrawal of the impugned Order dated 16.03.2024 nothing further remains to be agitated in the present writ petition.

4. The Writ Petition (C) No 14 of 2024 stands disposed of accordingly along with the pending interim application.

( Bhaskar Raj Pradhan )

Judge

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