LAWS(SIK)-2022-8-13

SONAM TSEWANG BHUTIA Vs. STATE OF SIKKIM

Decided On August 26, 2022
Sonam Tsewang Bhutia Appellant
V/S
STATE OF SIKKIM Respondents

JUDGEMENT

(1.) This Intra-Court Mandamus Appeal arises from an order dtd. 8/7/2022, passed by a learned Single Judge of this Court in WP (C) No.34 of 2022 (Sonam Tsewang Bhutia & Ors. v. State of Sikkim & Ors.). By the impugned order, the learned Single Judge has been pleased to issue notice to all the respondents and kept the writ petition pending without passing any ad-interim order, as prayed for by the petitioners. The writ petitioners are now before this Court as appellants praying for issuance of such ad-interim order(s) as prayed for before the learned Single Judge.

(2.) After considering the submissions made by the learned advocates for the parties and upon perusing the pleadings on record and also the order impugned, being the order dtd. 8/7/2022, we notice certain facts. The notice inviting tender is dated 28th of February, 2022. It was published on 08th of March, 2022. The writ petition was filed on 5/7/2022. The writ petitioners were never participants in the tender process which is the subject matter of challenge before the Writ Court. However, it appears that they obtained certain information after invoking the Right to Information Act. Based on such information, they filed the writ petition seeking such reliefs as prayed for in the writ petition.

(3.) The learned senior counsel representing the appellants/writ petitioners takes us through the pleadings and submits that the entire tender process was vitiated due to gross irregularities and illegalities, which came out in the open only after information was obtained under the Right to Information Act.