PALZOR THENDUP BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Mr. N. Rai, learned Senior Counsel assisted by Mr. Pradeep Tamang and Ms. Tara Devi Chettri, learned counsel for the petitioner and Mr. Sudesh Joshi, learned Additional Advocate General for the State-respondents.

(2.) The writ petition has been filed by one Palzor Thendup Bhutia against the State-respondents challenging notice dtd. 6/10/2021 (incorrectly mentioned as 6/10/2018 in the writ petition) claiming it to be in violation of the site allotment Order dtd. 31/5/2002. The writ petition also prays in the alternative for a direction upon the State-respondents to allot a similar site premises in an around Gangtok town to him.

(3.) The documents filed by the petitioner as well as the State-respondents reflect that on 16/2/2000 Sonam Tashi Bhutia (since deceased) made an application to the concerned Minister of the UDHD respondent no.2 requesting for allotment of site for canteen at private bus stand which was newly constructed. He claimed to be unemployed and a Sikkim Subject Holder. Late Sonam Tashi Bhutia thereafter, seem to have filled a form of application for allotment of site addressed to the Secretary of the respondent no.2 applying for allotment under the relevant provisions of Sikkim Allotment of House Site and Construction of Building (Regulation and Control) Act, 1985 (the Act). The form required the applicant to also provide the name of the members of the family and their occupation. In serial number 6(d) thereof the name of Palzor Bhutia, the petitioner herein, is mentioned as one of the members of the family of late Sonam Tashi Bhutia. On 31/5/2002 the Assistant Town Planner of the respondent no.2 vide site allotment Order No. 3054/UD&HD allotted 185 square feet of site at new car park Gangtok to late Sonam Tashi Bhutia. The site allotment order referred to a letter dtd. 12/4/2002 of late Sonam Tashi Bhutia accepting the terms and conditions mentioned in the department's letter No.1976/UD&HD dtd. 21/5/2002. The letter dtd. 21/5/2002 contained the following terms and conditions :