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2018 Supreme(Sikk) 15

MEENAKSHI MADAN RAI
Dawa Phuti Bhutia – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Petitioners:Mr. A. Moulik, Senior Advocate with Mrs. K. D. Bhutia, Advocate
For the Respondents:Mr. J.B. Pradhan, Additional Advocate General with Mr. Thinlay Dorjee, Government Advocate, Mr. S. K. Chettri, Mrs. Pollin Rai, Assistant Government Advocates and Mr. D. K. Siwakoti, Advocate, Mr. Jorgay Namka, Ms. Panila Theengh, Ms. Tashi Doma Sherpa and Mr. Karma Sonam Lhendup, Advocates, Mr. Bhushan Nepal, Advocate

JUDGMENT :

Meenakshi Madan Rai, J.

1. The Petitioners, crying foul, are before this Court exhorting that the Respondents No.3, 4 and 5 ought not to be allotted stalls in the ground floor of the “Non-Veg.” building for the purpose of selling Fish, dressed Chicken and Mutton as it would sound the death knell for similar business being run by the Petitioners on the first floor. It is reasoned that the ground floor being easily accessible to customers would deter them from taking the walk up to the first floor when similar goods are available at a convenient location at the same price. It is also the averment of the Petitioners that the stalls now allotted to the said Respondents had infact been earmarked for construction of toilets for use of the vendors, workers and the customers of the said building but has instead been allotted to the Respondents without adherence of the tender process and turning a blind eye to the hygiene conditions in the building.

2. The facts leading to the instant Petition are summarised here-in-below. The Petitioners are local vendors in the business of selling dressed Chicken, Mutton and Fish from their stalls in the first floor of a building known as the “Non












































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