Sikkim High Court

WP(PIL)/47/2012 of Tenchung Lachungpa, Pipon And Public Of Lachung Dzomsa Vs Chief Secretary, Govt. of Sikkim and Ors. on 25 July 2014

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COURT OF SIKKIM CIVIL JURISDICTION W.P.(PIL) No. 47/2012 Tenchung Lachungpa, Pipon and Public of Lachung Dzomsa vs. 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 18. 25.07.14 Present: Mr.

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IN THE HIGH COURT OF SIKKIM

CIVIL JURISDICTION

W.P.(PIL) No. 47/2012

Tenchung Lachungpa, Pipon and Public of Lachung Dzomsa vs. 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

18. 25.07.14 Present:

(Jain, CJ)

Mr. Zangpo Sherpa, Advocate as ‘Amicus Curiae’ for the petitioners.

M/s. J.B. Pradhan, Addl. Advocate General with S.K. Chettri and Pollin Rai, Asstt. Govt. Advocates for State-respondents No. 1 to 4.

Mr. Karma Thinlay, Central Govt. Advocate for respondents No. 5 to 7.

…

Learned counsel for both the parties agreed that the points/issues involved in the present writ petition are also the subject matter of W.P.(PIL) No. 45/2012 and a similar writ petition i.e. W.P.(PIL) No. 24/2014 was disposed off yesterday by this Court. Therefore, by passing the same order this writ petition can be disposed off.

The order dated 24.+++++07.2014 passed in W.P.(PIL) No. 24/2014 reads as under: - “Mr. Karma Thinlay, learned Central Govt. Counsel submitted that there is no need to file any counter affidavit in the present matter, as all the points/ issues involved in the present writ petition are also subject matter of W.P.(PIL) No. 45/2012. Therefore, this writ petition can be disposed off and all points involved in the present writ petition may be considered in the W.P.(PIL) No. 45/2012.

We have examined both the writ petitions and we find substance in the statement of learned Central Govt. Counsel. In these circumstances, we dispose of the present writ petition with the observations and clear understanding that all issues/points involved in this writ petition will be considered and decided in W.P.(PIL) No. 45/2012.

A copy of this order be placed on record in the file of W.P.(PIL) No. 45/2012.”

As agreed and submitted by learned counsel for parties, the present writ petition stands disposed off, for the same reasons, liberty and observation in the order dated 24.07.2014 passed in W.P. (PIL) No. 24/2014.

Judge 25.07.2014

Chief Justice 25.07.2014

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