CHUNG CHUNG LEPCHA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The prayers in the instant Writ Petition inter alia are as follows;

(2.) It is averred in the Writ Petition that the Petitioner is the rightful owner of land, bearing Plot No.176, measuring an area of 2.0440 hectares, situated at Rangma, Chungthang, Mangan, Sikkim. The said land was ancestral property and mutated in the name of the Petitioner. That, during 2008 the Petitioner sought to obtain loan from the State Bank of India, Chungthang Branch, Sikkim, for which a search report was required. In the search report issued by the Office of the Sub-Divisional Magistrate, Chungthang, under Memo No.256/A/SDO(C), dtd. 16/1/2008, it was categorically mentioned that "The Plot No.176/506 Area 2.0440/.8180 hect situated at Rangma and Changring, Chungthang North Sikkim, found recorded in the name of Shri Chuden Lepcha. At present the above mentioned plot of land is found recorded in the name of Shri Chungchung Lepcha S/o Shri Chuden Lepcha.". However, in the year 2019, the Petitioner learnt that Plot No.176 with the area described hereinabove has been wrongly recorded and transferred in the name of the Respondent No.4, viz., the Indo-Tibetan Border Police. Hence, the prayers above.

(3.) Per contra, the Learned Government Advocate for Respondents No.1 to 3 submits that the Writ Petition is not maintainable as the matter is essentially a civil dispute, since the land was acquired by 17 Assam Rifles as proved by receipt Annexure R4. The receipt indicates that Cheque No.T162569, dtd. 8/11/1985, was received by Chuden Lepcha, father of the Petitioner herein for the disputed land. That, Annexure R3 the Handing/Taking Over Certificate indicates that the said plot was acquired and taken over by the 17 Assam Rifles along with other plots of land of other persons, measuring a total of approximately 5.37 acres.