Smt. Kimti Subba v. State of Sikkim and Ors

ORDER (ORAL)

Bhaskar Raj Pradhan, J.

¶1The 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 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.

(iii) Letter bearing reference No. GOS/F&ED/GD/420 dated

17.07.2024 issued by Assistant Conservator of Forest once again intimating about the joint inspection of the petitioner's land on

26.07.2024.

¶2The 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.

¶3Although 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.

¶4The 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.

¶5The 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 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.

¶6In 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.

¶7The Writ Petition (C) No. 29 of 2024 stands disposed of accordingly along with the pending application.

( Bhaskar Raj Pradhan )

Judge

Internet :Yes/No to

THE HIGH COURT OF SIKKIM: GANGTOK (Civil Extra-Ordinary Jurisdiction) ------------------------------------------------------------------------------------------ SINGLE BENCH: THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE ------------------------------------------------------------------------------------------ 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. 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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- Date of Hearing : 13.08.2024 Date of Order : 13.08.2024