RUTH KARTHAK LEPCHANI Vs. CHEWANG DORJEE BHUTIA

JUDGEMENT

(1.) This matter has a chequered history and the dispute between the petitioners and the private respondent no. 1, has it genesis dating back to 7/2/1959. Several rounds of litigation have transpired between the parties since 1980. Today, the petitioners have approached this Court in yet another round of litigation by filing the instant writ petition seeking an order for quashing and setting aside the impugned order dtd. 26/6/2025, passed by the Appellate Authority, Land Revenue and Disaster Management Department, Government of Sikkim, in Revenue Appeal Case No. 01 of 2024 (Chewang Dorjee Bhutia vs. Ruth Karthak Lepcha and Anr.). For convenience, the said order is reproduced hereinbelow in its entirety:

(2.) A bare perusal of the impugned order reveals that the Appellate Authority has declined to interfere in the matter because of the fact that the same "is civil in nature which is beyond the jurisdiction" of the Appellate Authority. This observation " " in the opinion of this Court " " is the correct appreciation of law by the Appellate Authority. So far as the other observation of the Appellate Authority is concerned, which reads as ".... The parties may accordingly approach the appropriate forum having jurisdiction for redressal. ......", this Court is of the view that this observation is quite redundant since the rights of the parties have already crystallised through authoritative pronouncements of Courts of competent jurisdiction including this Hon'ble Court in various proceedings, both civil and writ. There cannot be any need to protract litigation on the basis of the above quoted observation of the learned Appellate Authority. Lis in perpetuity is impermissible and a final closure of lis between the parties is inevitable in the facts and circumstances of the instant case.

(3.) In that view of the matter, no further order is required to be passed in the instant matter which stands disposed of accordingly.