Tej Bahadur Thapa vs Union Of India & Ors

Bhaskar Raj Pradhan, J

The learned Assistant Solicitor General has placed before this Court a Notification issued on 29.08.2022 which is a corrigendum. It now includes Chota Singtam as the name of the village in the District of Pakyong which was not there earlier. The notification is taken on record and marked ‘X’.

I.A. No. 02 of 2022

This is an application for striking out the respondent no.3 from the array of parties. It is contested that the respondent no.3 is no longer required to be impleaded as a party in this proceeding, since the disputed land falls now under the newly created Pakyong District. This application was contested by the petitioner in person. Today however, the corrigendum has been placed on record which makes it clear that Chota Singtam is in fact included in the Pakyong District. In view of the same, it is felt necessary to delete respondent no.3 and implead the Competent Authority, Land Acquisition-cum-District Collector, Office of the District Collectorate, Pakyong District as respondent no.3. The application is allowed and stands disposed.

I.A. No.03 of 2022

This is an application for taken on record letter bearing Memo No.1293/52/P/11/DC/(GTK) dated 02.06.2022. The said letter is taken on record. The application is allowed and stands disposed.

I.A. No. 04 of 2022

This is an application for impleadment of State of Sikkim through the Secretary, Land Revenue and Disaster Management Department, Government of Sikkim as well as the District Collector, Pakyong District. The District Collector has already been impleaded and therefore this application to that extent has become infructuous. Dr. Doma T. Bhutia, learned Additional Advocate General therefore, desires to consult her client before making her submission before this court on this issue. She seeks one week’s time which is granted.

List thereafter, on 19.09.2022.