HANTEY GYATSO KAZI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Mr. N.Rai, learned Senior Counsel assisted by Mr. Sudha Sewa for the petitioner and Mr. Thupden Youngda, learned Government Advocate for respondent nos.1, 2, 3, 5 and 6 as well as Mr. A Moulik, learned Senior Counsel assisted by Mr. Ranjit Prasad and Mr. Karma Phintso Wangdi, for respondent no.4.

(2.) Relying upon I.A No.01/2019, Mr. Rai prays for withdrawal of the Writ Petition with liberty to file afresh. It is submitted by Mr. Rai that in view of provision of appeal under Sikkim Greenfield Airport, Pakyong (Settlement of Claims for Loss and Damages) Act, 2018, an appeal was preferred before this Court, which is presently lying defective in the Registry.

(3.) Mr. Moulik submits that he will have no objection to withdrawal of the Writ Petition. However, he submits that in the attending facts and circumstances of the case when an appeal lies before this Court and an appeal is already filed, question of grant of liberty to file a fresh Writ Petition does not arise.