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Judgment
10 paragraphs · 228 wordsA. Muhamed mustaque, CJ
Read earlier order(s) passed in the matter.
It appears that the District Collector, Namchi, has transferred the amount to the IndusInd Bank, Gangtok Branch.
Learned Counsel appearing for the National Highways & Infrastructure Development Corporation Limited (NHIDCL) submits that the Petitioner is not entitled to any compensation and they have filed an application seeking to amend the counter-affidavit, being I.A. No.02 of 2026.
I.A. No.1/2026, an application seeking directions to recall the orders dated 10/02/2026 and 05/03/2026 passed in the instant writ petition, filed by the Respondent No.03.
Be that as it may, this Court is not proposing to recall the earlier orders dated 10.02.2026 and 05.03.2026, passed in this matter. However, there shall be a direction to the Petitioner to file an undertaking before this Court to the effect that, in case this writ Petition is dismissed, they will return the amount.
Accordingly, I.A. No.01 of 2026, stands disposed of.
The said undertaking shall be filed within a week, subject to that there shall be a direction to the IndusInd Bank, Gangtok Branch, to whom the money has been transmitted, to release the amount to the account of the Petitioner, without any delay.
Reply, if any, to the application for amendment of the counter-affidavit filed on behalf of Respondent No.03, shall be filed within two (02) weeks.
Stand over to 05th May, 2026.