_ __ IN THE HIGH COUFIT OF SIKKIM C]V]L JUF3lsD[CTION wp(c) ` No ............................46...................................... „of 2o.1.1„. NUK TSHHRING BHUTIA STATE 0F SIKKIM & ORS. Appe#act- Petitioner (Advocate (s)) F}espondent eppesjte- (Advocate (s)) For For 0 Versus Appetfafltsis) petitioner er Bespondent (s) -arty`gr MR. KT.BHUTIA,SR.AI)VO CATE WITH MS.BANDANA PRADHAN AND MS.NISHA RJLIWAL MR.J.B. PRADHAN,ADDL. AI)VOCATE GENHRAL WITH MR.KARMA THINLAY,GOVT.ADVOCATE AND MR.S.K. CHETTRI,ASSTT.GOVT.ADVOCATII FOR STATE Serial No. Order (s) with Signature (s) 1. 11.1 .11 Pre BEFORE HON'BLE MR. JUSTICE S. P. WANGDI, ACTING CHIEF JUSTICE ent: Mr. K.T. Bhutia, Sr. Advocate with Ms. Bandana pradhan And Nisha Rajliwal, Advocat:es for t:he Petitioner. Mr. J.B. Pradhan, Addl. Advocate General with Mr. Karma Thinlay Namgyal, Govt. Advocate and Mr. S. K. Chettri, Asstt:. Govt. Advocate for State-respondents. This petition has been taken up on being mentioned by Mr. K.T. Bhutia, learned Senior Advocate, expressing urgency involved in the matter, SGPG- 1/ High Colw 2000 NosJ 2.4.2009 iiii I, I Case No Serial No. Order (s) with Signature (s) 2. Shorn of all details, sufficie it to state that an order of eviction under sub-section (1) of Sect:ion 5 of the Sikkim Public Premises (Eviction of Unaut:horised Occupants and Rent Recovery) Act, 1980 (for short, `the Act') had been passed by the District Magistrate, South Sikkim at Namchi, who is the Prescribed Authority under the Act in respect of a land at Melli- Jorethang Road, Melli, South Sikkim, measuring 14 Mtr. x 29 Mtr. on Khasmal Plot No. 37 as per Cadastral Survey of 1952, on which a RCC building has been constructed by the petitioner. The order is dated 11.10.2011. 3. Mr. Bhgtia submits that the petitioner has filed an appeal under Section 9 of the Act on 09.11.2011, which is presently pending before the Appellate Authority for disposal. Since t:he Appellate Authority was out of station during that period, the matt:er is yet to be taken up. As per Mr. Bhutia, the urgency has arisen as the Prescribed Authority has proceeded to get the order dat:ed 11.10.2011 execut:ed. It is submit:t:ed that the period of limitation is 30 (thirty) days from the date of publication of the order, i.e. 11.10.2011 in the present case which is apparent from t:he impugned order filed as Annexure P-12 to the writ petition. As the appeal has been filed within time and is yet to be heard and disposed of by the Appellate Authority, t:he petitioner shall be seriously prejudiced if the impugned order is allowed to be executed at this stage. It is, therefore, prayed that pending disposal of the appeal, an order be issued staying further operation of the impugned order of the Prescribed Authority in the meantime. SGPG- 3/ High Courv 5000 Nos./ 2.4.2009 Lt # Case No Serial No. Order (s) with Signature (s) 4. Mr. J.B. Pradhan, learned Addl. Advocate General, submits that he is not aware of t:he facts and circumstances of the case, as he ha.s .received a copy of the writ petition only t:his morning. He, however, concedes to the appeal provision provided under Section 9 of t:he Act. He suggests that a direction be issued upon t:he Appellate Authority t:o dispose of the appeal pending, which the action initiated by the Prescribed Authority may be kept at abeyance. 5. The submission is fair and ].ust. Considering the fact:s and circumstances of the case and in view of the fact that the matt:er is pending before the Appellate Authority, let the impugned order dated 11.10.2011, Annexure P-12, be stayed until the Appellate Authority disposes of the appeal filed by the petitioner. The Appellate Authority may take up the matter expeditiously and while doing so also consider the facts and circumstances set out in the writ petition treating it as a part of the appeal. 6. The petitioner shall submit a copy of the writ petition to the Appellate Authority for its consideration with a copy t:o the other side. 7. With the above direction, the present writ petition stands disposed of. SGPG- 3/ High Courv 5000 Nos./ 2.4.2009 |C - `or`