LAWS(SIK)-2021-10-7

CHANDRA BAHADUR KATWAL Vs. STATE OF SIKKIM

Decided On October 20, 2021
Chandra Bahadur Katwal Appellant
V/S
STATE OF SIKKIM Respondents

JUDGEMENT

(1.) This writ petition has been filed by one Chandra Bahadur Katwal, essentially praying for the following reliefs:

(2.) An affidavit-in-opposition/counter affidavit has been filed on behalf of the State-respondents which reveals that the plot in question was handed over to the concerned department of the State Government as far as back on 24/8/1979. This affidavit further reveals that the compensation was paid to one of the writ petitioners' ancestors, i.e. his grand-father (Shri Hasta Bahadur Chettri) way back in 1976/1978.

(3.) The writ petitioner has not disclosed these material facts before this Court while filing the instant writ petition in the year, 2020. Bona fides of the writ petitioner are clearly suspect. Ordinarily this writ petition ought to be dismissed with exemplary cost. However, since this Court is informed that a counsel from the State Legal Services Authority has been engaged to prosecute this matter on behalf of the writ petitioner, it refrains from imposing any cost but, nevertheless, issues a word of caution to the writ petitioner to desist from abusing the process of the writ Court, in future.