Puspa Mishra And Others vs State Of Sikkim And Others

Meenakshi Madan Rai, J

I.A. No.05 of 2023 is an application filed by State-Respondents No.1 and 2 seeking adjournment on grounds that the two Learned Additional Advocate Generals are not in a position to take up the matter, having discussed the matter with the Petitioners prior to their appointment to the post of Government Senior Law Officers. That, they had duly informed the Government of their position and in order to avoid any conflict of interest, the State Government requires some time to take appropriate steps.

The Petition is objected to by the Petitioners on grounds that the matter has been filed in the year 2020 and several adjournments have been availed by the State-Respondents No.1 to 10.

Having considered the grounds put forth, indeed it is evident from the records of this case that, this matter was first taken up on 14-12-2020 and thereafter the State has consistently sought adjournment on grounds as recorded in the Orders of the various dates.

In the circumstances, in the interest of justice, I am of the considered opinion that cost ought to be imposed on the State-Respondents No.1 to 10 for delaying the disposal of this matter.

Let the State-Respondents No.1 to 10 pay cost of ₹ 40,000/- (Rupees forty thousand) only, within a week from today, which is to be deposited with the Sikkim State Legal Services Authority, for utilisation in the ‘One Stop Centre’, at Lumsey, Gangtok.

I.A. No.05 of 2023 stands disposed of accordingly.

List on 28-09-2023 as found convenient by the parties.