THE HIGH COURT OF SIKKIM: GANGTOK
(Civil Extra-Ordinary Jurisdiction)
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SINGLE BENCH: T
HE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
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W.P. (C) No. 29 of 2024
Smt. Kimti Subba,
Wife of Shri Shyam Kumar Rai,
Permanent Resident of: Shantinagar,
Singtam-737134,
District Gangtok, Sikkim.
Petitioner
…..
Versus
1. State of Sikkim,
Through the Chief Secretary,
Tashiling Secretariat,
Gangtok, Sikkim,
Pin Code: 737 101.
2. The Secretary,
Forest & Environment Department,
Government of Sikkim,
Deorali, Gangtok, Sikkim,
Pin Code: 737 102.
3. Divisional Forest Officer,
Gangtok Territorial Division,
Forest & Environment Department,
Division Office,
Paljor Stadium Road,
Pin Code: 737 101.
4. Assistant Conservator of Forest,
Survey & Demarcation Division,
Forest & Environment Department,
Government of Sikkim,
Deorali, Gangtok-737 102.
5. Divisional Forest Officer,
Survey & Demarcation Division,
Forest & Environment Department,
Government of Sikkim,
Deorali, Gangtok-737 102.
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W.P. (C) No. 29 of 2024
Kimti Subba vs. State of Sikkim & Ors.
6. Range Officer (T),
Singtam Range,
Forest & Environment Department,
Government of Sikkim,
Singtam, District Gangtok,
Pin Code: 737 134.
Respondents
…..
Application under Article 226 of the Constitution of
India.
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Appearance:
Mr. Sudesh Joshi, Mr. Uma Shankar Sarda and Ms.
Gazala Parvin, Advocates for the petitioner.
Mr. Thinlay Dorjee Bhutia and Mr. Shakil Raj Karki,
Government Advocates for the Respondents.
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Date of Hearing : 13.08.2024
Date of Order : 13.08.2024
ORDER (ORAL)
Bhaskar Raj Pradhan, J.
1. The present writ petition has been filed challenging
three communications by the respondents:-
(i) Letter bearing reference No.380/GD/F&ED dated
20.06.2024 issued by the Divisional Forest Officer
for joint inspection of the land of the petitioner.
(ii) Letter bearing reference No.GOS/F&ED/S&D/427
dated 21.06.2024 issued by the Assistant
Conservator of Forest, Survey & Demarcation
Division, Forest & Environment Department, by
which the petitioner was informed about joint
inspection to be conducted on 29.06.2024.
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W.P. (C) No. 29 of 2024
Kimti Subba vs. State of Sikkim & Ors.
(iii) Letter bearing reference No. GOS/F&ED/GD/420
dated 17.07.2024 issued by the Assistant
Conservator of Forest once again intimating about
the joint inspection of the petitioner s land on
’
26.07.2024.
2. The petitioner is aggrieved by the fact that although the
communications challenged in the present writ petition
refers to a complaint received from the villagers as well as
the sketch map copies were not furnished to the petitioner.
The petitioner is further aggrieved by the respondents not
granting sufficient time for joint inspection.
3. Although in the writ petition the petitioner had not
furnished any document to prima facie show that the
petitioner was the owner of the concerned land vide Interim
Application No.02/2024 a sale deed as well as a parcha
khatiyan has been filed. The same are taken on record and
the application is allowed.
4. The learned Government Advocate representing the
respondents fairly submit that copies of the documents
mentioned in the impugned communications would be
furnished to the learned Counsel for the petitioner within
one week.
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W.P. (C) No. 29 of 2024
Kimti Subba vs. State of Sikkim & Ors.
5. The impugned communications are all communications
seeking joint inspection of the concerned land. From these
communications what is apparent is that attempts have
been made by the respondents to verify the extent of land of
the petitioner and whether there has been only
encroachment of Government land based on the complaint
received. Joint inspection, after all the relevant documents
referred to in these communications are provided to the
petitioner, would lead to confirming the ownership of the
concerned property of the petitioner and whether there has
been any encroachment beyond the ownership. That should
not prejudice the petitioner.
6. In view of the same, one week s time is granted to the
’
respondents to provide the relevant documents to the
petitioner pursuant to which a joint inspection may be
conducted as per law giving substantial time to the
petitioner to make necessary arrangement to be present
during the joint inspection. Noting further is required to be
adjudicated at this stage in this case.
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W.P. (C) No. 29 of 2024
Kimti Subba vs. State of Sikkim & Ors.
7. The Writ Petition (C) No. 29 of 2024 stands disposed of
accordingly along with the pending application.
( Bhaskar Raj Pradhan )
Judge
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