04.07.ZOOS lN THE HIGH COURT OF SIKKIM ORDEFI SHEET writ petition Sonam (c) Bhutia Versus Order with Signature ........... No.19 of'200 5 Petitioner / Appellant Pespondent Heard Mr. A. K. Upadhyaya, learned Senior Counsel assisted by Miss Manita Pradhan, learned counsel for the petitioner. Let a Rule issue, calling upon the respondents to show cause as to why an appropriate Writ should not be,issued as prayed for; or why such order or orders which this Court deem it fit and proper should not be issued in the case in hand. Rule is made returnable on 04.08.2005. No formal notice is called for upon the respondent State, as Mr. J. 8. Pradhan, learned Government Advocate accepts notice. However, Ms. Manita Pradhan, learned counsel shall supply extra copy of the writ petition to the learned Government Advocate during the course of the day. N.SNu%te, ( N. Sy:Jt,sti `Actin Subba ) J_ -i Office Note as to action (if any) taken on Order I.0`e2.al ,BatefofrOrder Order with Signature ta%:o:neo(#¥rt° 04.08.20#ry/a UponhearingMr A. K. Upadhyaya,1earnedseni 0dI,, i,=j =t=",'..£``',4-` Counsel assisted by Mi:s..r. Fan.It: Pr.adhan, learnecounselforthepetitioneraswellasMr.S.P.WangdIearnedAdvocateGeneralassistedbyMr.KarmaThinlay1earnedAssistamtGovernmentAdvocatefortheState-respondent,andonperusalof qy+, theavailablematerialsonrecord,weareoftheviewthathisatercanbedisposedofathisstageonitsownmerit£ththefolowingorder:- Inthjswn.tpetition,thepetitionersoughtforthe Ilowing reliefs :- a) A Rule .calling upon the respondent to showcauseastowkytheImpugnedNoticeinvitingtenderpublishedjnSlkkimHeralddated26thMan2005shouldnotbequashedandonperusalofthecausesshown,ifany,tomaketheRuleabsolute; b) A Rule Falling upon the respondent to showcauseastowkytheentireprocessofjnvitl.ngtheinpugnedtender.shouldnotbequashed=odt`:°n{b:n=e:t?_nde=edonlydi;i:-a:=£urL:nags==eplotsoflandbydueprocessoflawandonperusatofthecausesshowi,ifany,tomaketheruleabsolute; c) F`or any o`ther relief or reliefs to which thepetltionermaybefoundentitledtoejtherln]awOrjnequlty,` ontendinginteralja/thattherespondent/authority - _~, \----= -` jf _ iEE= SerialNo.of'Order-- •-DateIo,:er Order with Signature Ottice Note as toaction(ifany)takenonOrder III had issued the related notice dated 26th May, 2005 for execution of Pradhan Maptri Grarfu?S.atlak Yojana in short PMGYS. in respect of construction of roads including the construction of road of Tansing to L/Tarney to L/Tiputhang (2.025 KM) Pkg 11 (Ph IV) 57 (16,20,24)/04-05 which has been proposed over the land under plot No.337 of Tinkitam Block, South Sikkim and the same is part of the undivided coparcenary property of the petitioner and other coparceners without acquiring the said plot of land covered by plot No.337, which according to the `# petitioner,. is an illegal process. The learned ^ ~ Advocate General at the very outset, contended that the authority had only done the survey works and the construction has not yet started, and if the land belongs to individuals, certainly,such land shall be acquired under due process of law. In our considered view, the present writ petition is premature at this stage. However, it is made clear that if the respondent/authority is to construct the road, namely; Tansing to L/Tarney to L/Tiputhang (2.025 KM) Pkgll (Ph. IV) 5 , , , iT -slick construction is to be done over the plot No.337, and if the land -belongs to the petitioner I I/ SerialNo.ofOrder DateofOrder` Order wlth sIgnature a°c:::One (#°atg° taken on Order and other coparceners, the direct the _ _- - _,.I:`:.`!-I::IGj[:+.a."--.c,-`Cta.I`air-I.Lab|.i respondent/authorify a acquire ;t:ir rand if so required for public purpose in accordance with law and afford due compensation of it to the petitioner and other coparceners according to law. With the above observations and directiqus, this writ petition ls disposed of, but no order as to costs. Let a copy of this order be furnished toMr. . Karma Thinlay, learned Assistant Govt. Advocate so a.iS7.i'} as to enable him to highlight the existence of this order to the appropriate authority. \A.- ' ~, (^N.._3f¥q!aTfro`ftivt&ptrChieceActEn(.,swhba) ch`dge - -