Sikkim High Court
WP(C)/5/2020 of P.K. Pradhan Vs State of Sikkim and Ors. on 13 October 2020
OF SIKKIM Record of Proceedings through Video Conferencing W.P. (C) No.05 of 2020 P. K. PRADHAN …PETITIONER VERSUS STATE OF SIKKIM AND ORS. …RESPONDENTS Date: 13.10.2020 CORAM: HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE … Heard Mr. S. S. Hamal, learned
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
W.P. (C) No.05 of 2020
P. K. PRADHAN
…PETITIONER
STATE OF SIKKIM AND ORS.
VERSUS
…RESPONDENTS
Date: 13.10.2020
CORAM:
HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
…
Heard Mr. S. S. Hamal, learned Counsel assisted by Ms. Sabina Chettri, appearing for the petitioner.
Also heard Mr. Sudesh Joshi, learned Additional Advocate General, Sikkim, along with Mr. Sujan Sunwar, appearing for respondent nos. 1 to 4 and Mr. Jorgay Namka, learned Counsel, appearing for respondent nos.5 and 6.
In this petition under Article 227 of the Constitution of India, order dated 14.02.2020 passed by the Secretary, Land Revenue and Disaster Management Department, Government of Sikkim in Appeal Case No.09/2018 is assailed.
ARUP KUMAR GOSWAMIDigitally signed by ARUP KUMAR GOSWAMI Date: 2020.10.13 13:09:31 +05'30'
A question having arisen as to whether the present petition under Article 227 of the Constitution of India is maintainable bearing in mind the challenge made, Mr. Hamal submits that the challenge made in this petition can be appropriately considered in an application under Article 226 of the Constitution of India and, accordingly, he prays that he may be permitted to withdraw this petition with a liberty to file a writ petition under Article 226 of the Constitution of India.
Mr Joshi and Mr. Namka, learned Counsel appearing for the respondents do not have objection to the prayer made by Mr. Hamal.
HIGH COURT OF SIKKIM Record of Proceedings through Video Conferencing Accordingly, this petition is disposed of granting liberty to the petitioner, as prayed for.
pm/
ARUP Digitally signed by ARUP KUMAR KUMAR GOSWAMI Date: 2020.10.13 GOSWAMI13:09:48 +05'30'
Chief Justice