Sikkim High Court
Nim Pincho Bhutia vs Bhim Bdr Rasaily/Kami And Ors on 18 August, 2023
Bench: Chief Justice, Bhaskar Raj Pradhan
COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
IA NO.02/2023
IN
WA No. 05/2022
NIM PINCHO BHUTIA APPELLANT (S)
VERSUS
BHIM BAHADUR RASAILY/KAMI & ORS. RESPONDENT (S)
For Appellant : Mr. Jorgay Namka, Senior Advocate as Legal Aid
Counsel with Mr. Prajwal Rai, Advocate.
For Respondent Nos. : Mr. Bhusan Nepal & Mr. D.K. Siwakoti, Advocates.
1 to 6(Applicants)
For Respondent Nos. : Dr. Doma T. Bhutia, Senior Advocate and Additional
No.7 to 10 Advocate General with Mr. S.K. Chettri, Government
Advocate.
For Respondent No. 11 : Mr. Jushan Lepcha, Advocate.
Date: 18/08/2023
CORAM:
HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
...
ORDER :(per the Hon'ble, the Chief Justice) Having heard the learned Advocates for the parties and upon perusing the instant application, we are of the view that in the facts and circumstances of the instant case -- since the main matter is essentially a writ appeal arising in respect of a judgment and order passed by the learned Single Judge in a writ petition, correctness whereof is now under challenge before us -- there cannot be any plausible or justifiable reason to allow the instant application only to place on record certain documents which were not even before the learned Single Judge at the time of pronouncement of the impugned judgment and order.
The application, therefore, is liable to be dismissed and stands accordingly dismissed.
List the main matter for further consideration on Friday, 22nd September, 2023.
(Bhaskar Raj Pradhan) (Biswanath Somadder)
Judge Chief Justice
jk/bp/avi/ami