Sikkim High Court
State Of Sikkim & Ors vs Thupden Kalden Bhutia And Ors on 1 August, 2023
Author: Meenakshi Madan Rai
Bench: Meenakshi Madan Rai
Court No.2
HIGH COURT OF SIKKIM
Record of Proceedings
RFA No.15 of 2016
STATE OF SIKKIM AND OTHERS APPELLANTS
VERSUS
THUPTEN KALDEN BHUTIA AND OTHERS RESPONDENTS
Date: 01.08.2023
CORAM:
THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
For Appellants Mr. Thinlay Dorjee Bhutia, Government Advocate.
Ms. Pema Bhutia, Assistant Government Advocate.
For Respondents
R-1, R-2, R-4 & R-5 Mr. T. R. Barfungpa, Advocate.
Mr. Kazi Sangay Thupden, Advocate.
Mr. Hem Lall Manger, Advocate.
R-3 Ms. Gita Bista, Advocate.
Ms. Pratikcha Gurung, Advocate.
R-6 Mr. Sudhir Prasad, Advocate.
R-7 Mr. Karma Thinlay, Central Government Counsel.
R-8 Mr. A. Moulik, Senior Advocate.
Mr. Ranjit Prasad, Advocate.
Ms. Lidya Pradhan, Advocate.
ORDER
1. I.A. No.07 of 2023 is an application filed on behalf of the State-Appellant seeking to withdraw from the instant matter on grounds that, during the pendency of the matter, the concerned Departments/Appellants after due deliberations opined that it would not affect the Appellant i.e., State of Sikkim if the instant case i.e., RFA No.15 of 2016 (State of Sikkim and Others vs. Thupten Kalden Bhutia and Others) was withdrawn in the interest of justice and equity. That, the State-Appellants are also party to the Cross Objection i.e., CO No.04 of 2016 (Director, Shiga Energy Pvt. Ltd. vs. State of Sikkim and Others), CO No.05 of 2016 (Thupten Kalden Bhutia and Another vs. State of Sikkim and Others) and CO No.02 of 2022 (Tenzing Kelsang Kalden vs. State of Sikkim and Others) which are already pending before this Court and should any Page 1 of 3 Court No.2 HIGH COURT OF SIKKIM Record of Proceedings legal issue arise against the State-Appellants in the Cross Objections, the matter would be addressed accordingly, hence, the prayer to allow the State-Appellants to withdraw the instant matter.
2. Considered, in view of the submissions, the Appeal stands disposed of as withdrawn, however, the Cross Objections shall remain on the File and will be taken up for consideration and hearing on the next date fixed.
3. I.A. No.07 of 2023 stands disposed of accordingly.
4. I.A. No.02 of 2017 is an application filed on behalf of the Appellant No.2 i.e., Secretary, Land Revenue and Disaster Management Department, Government of Sikkim, pursuant to the Order of this Court dated 13-12-2016, wherein it is inter alia recorded as follows;
".......................................................................... I.A. No.1 of 2016 is taken up, however, it is submitted by the Appellant that it is to be clarified as to where the sum of approximately Rs.3,00,000,00.00 (Rupees three crores) only, has been deposited.
List on 16-02-2017."
(i) On 16-02-2017, it was inter alia recorded as follows;
".......................................................................... With regard to the clarification sought on the last date i.e. 13.12.2016, Learned Additional Advocate General submits that a Cheque bearing No. 230696 dated 6.03.2012 of the State Bank of Sikkim, Rabdentse Branch, a sum of Rs.3,23,32,431/- (Rupees three crores, twenty three lakhs, thirty two thousand, four hundred and thirty- one) only, has been deposited in the Account maintained in the name of the District and Sessions Judge, South & West Sikkim at Namchi, and seeks to file an application to clarify the same.
.........................................................................."
(ii) Therefore, vide I.A. No.02 (supra), it was clarified that the amount of Rs.3,23,32,431/- (Rupees three crores, twenty three lakhs, thirty two thousand, four hundred and thirty-one) only, was deposited in the Account maintained in the name of the District and Sessions Judge, South & West Sikkim at Namchi.
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Court No.2 HIGH COURT OF SIKKIM Record of Proceedings
(iii) In view of the said clarification, nothing further remains for consideration in the said application, which stands disposed of accordingly.
5. I.A. No.01 of 2016 shall be considered along with the Cross Objections.
6. List for hearing on 30-08-2023.
7. Copy of this Order be placed in the connected Files i.e., CO No.04 of 2016 (Director, Shiga Energy Pvt. Ltd. vs. State of Sikkim and Others), CO No.05 of 2016 (Thupten Kalden Bhutia and Another vs. State of Sikkim and Others) and CO No.02 of 2022 (Tenzing Kelsang Kalden vs. State of Sikkim and Others).
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