CHANDRA KUMAR CHETTRI Vs. KIPU LEPCHA

JUDGEMENT

(1.) Pursuant to the orders passed by this Court on 2/5/2024 an amended writ petition has been filed to which the respondent has also filed the counter affidavit. At this stage the learned counsel for the parties make submission that the averments made in the counter affidavit are beyond the amendment sought in the amended writ petition. The counter allegation is that the petitioners ought to have filed all the relevant documents and as it was not done it compelled the respondent to file the documents which led to the various pleadings in the amended counter affidavit.

(2.) This is a petition under Article 227 of the Constitution of India. The short issue is on the legality of the impugned order dtd. 4/4/2023 which has been passed in a reference received under Sec. 3H (4) of the National Highways Act, 1956 from the District Collectorate to the Court of the Principal District Judge Gangtok. To cut the controversy short this Court is of the opinion that the case file relating to the above reference before the Principal District Judge may be called for. A scanned copy of the entire record may be called for within a period of two weeks after which a paper book may be prepared by the Registry.

(3.) In the meanwhile, if the petitioners desire to file a rejoinder to the amended counter affidavit filed by the respondent they may do so.