Sikkim High Court

PIL 03 of 2022 on 17 February 2022

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IA No. 03/2022

Arising out of

WP (PIL) No. 10/2019

RESIDENTS OF SAMDUR, EAST SIKKIM

VERSUS

GOC 17 MOUNTAIN DIVISION & ORS.

PETITIONER (S)

RESPONDENT (S)

For Petitioner : Mr. T.R. Barfungpa, Legal Aid Counsel. For Respondent no.1 : Ms. Sangita Pradhan, Asst. Solicitor General.

For Respondents no. : Dr. Doma T. Bhutia, Addl. Advocate General. 2 & 3 Mr. S.K. Chettri, Govt. Advocate.

Date: 17/02/2022

CORAM: HON’BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE

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O R D E R

This is an application taken out by the respondent no. 1 in WP (PIL) No. 10 of 2019 (Residents of Samdur, East Sikkim Vs GOC 17 Mountain Division and Ors.), essentially praying for extension of time for complying with the judgment and order dated 9[th] December, 2021, passed by this Bench and also for some modification of the said judgment and order.

Upon perusing the application and after taking into consideration the observations contained in our judgment and order dated 9[th] December, 2021, we are of the view that in the interest of justice, time for compliance in respect of the said judgment and order dated 9[th] December, 2021, may be extended for a further period of eight weeks from date.

So far as the prayer for modification of the judgment and order dated 9[th]December, 2021 is concerned, it is in the nature of a pre-emptive prayer and as such, we do not find any cogent and/or justifiable reason to accede to such jk/ds/avi prayer as made by the respondent no. 1 for modification of the judgment and order dated 9[th] December, 2021.

The instant application stands disposed of accordingly.

(Meenakshi Madan Rai) Judge

(Biswanath Somadder) Chief Justice

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