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Judgment
6 paragraphs · 169 wordsBiswanath Somadder, CJ
Having heard the learned Advocates for the parties and upon perusing the interlocutory application as well as the writ petition, being WP (PIL) No.01/2024 which has been filed as a Public Interest Litigation by the writ petitioner Mani Kumar Subba against the State of Sikkim and others we are of the view that the matter cannot be disposed of finally without calling for affidavits and there is no scope of passing any ad-interim order.
Accordingly, let affidavit-in-opposition be filed within a period of six weeks from date. Reply thereto, if any, within three weeks thereafter.
List the writ petition, being WP (PIL) No.01/2024, for further consideration under an appropriate heading ten weeks hence.
We make it clear that all points raised by the learned Advocate General including the point of maintainability of the writ petition as a Public Interest Litigation are kept open to be decided at the time of final hearing of the writ petition.
I.A No.01 of 2024 stands disposed of accordingly.