LAWS(SIK)-2021-11-12

JOSEPH TAMANG Vs. TUSHAR GAJANAN NIKAHARE

Decided On November 17, 2021
Joseph Tamang Appellant
V/S
Tushar Gajanan Nikahare Respondents

JUDGEMENT

(1.) The instant Contempt Petition has been filed on the ground that although this Court vide its Judgment dtd. 20/2/2020 in WP(C) No.66 of 2016 : Yogen Ghatani and Others v. State of Sikkim, ordered that the children of persons who were issued Certificate of Identification (COI) on the basis of employment of their fathers in the Government of Sikkim before 31/12/1969 would be eligible to obtain COI which would have the same benefits and utility as other COI holders sans discrimination on any ground, the State-Respondents have refused to take steps on an application dtd. 18/10/2021, filed by the Petitioner. That, the Additional District Magistrate, the Respondent No.1 herein endorsed a remark on the Petitioner's application as follows;

(2.) That, the Respondents have willfully and deliberately not complied with the Judgment of this Court dtd. 20/2/2020, despite there being no order of stay in the matter either from the High Court or the Hon'ble Supreme Court.

(3.) Having heard Learned Counsel for the Petitioner, admittedly the State-Respondents in WP(C) No.66 of 2016 are in Appeal against the Judgment of this Court dtd. 20/2/2020. The matter is pending before the Gauhati High Court and is listed on 24/11/2021.