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HIGH COURT OF SIKKIM : GANGTOK
A.MUHAMED MUSTAQUE, C.J., BHASKAR RAJ PRADHAN, J.
NHPC Limited – Applicant
Versus
Homnath Neopaney And Ors. – Respondents
WA No.01 of 2026
Decided On : 13-02-2026
Advocates Appeared :
For the Appellant : Mr. Jorgay Namka, Senior Advocate with Mr. Lahang Limboo, Mr. Sawal Rai and Ms. Rinchen Ongmu Bhutia, Advocates.
For the Respondents : Ms. Doma T. Bhutia, Senior Advocate with Ms. Nima Phuti Lepcha, Adv., Ms. Sangita Pradhan, Deputy Solicitor General of India with Ms. Sittal Balmiki, Ms. Natasha Pradhan and Mr. Amit Kumar Sharma, Advocates, Ms. Pema Bhutia, Government Advocate.
| Table of Content |
|---|
| 1. doubts on appeal maintainability exist. (Para 1) |
| 2. modification of order via learned single judge. (Para 2) |
| 3. writ appeal dismissed. (Para 3) |
ORDER :
A. Muhamed Mustaque, C.J.
1. We have serious doubts as to the maintainability of this Writ Appeal.
Nevertheless, we do not want to make any observation as to the maintainability of this Appeal.
2. We note that the impugned order, if at all requires any modification, can be done at the instance of the Writ Appellant, by placing facts before the learned Single Judge.
3. With liberty as above, the Writ Appeal stands dismissed.
AI
The court allowed the appellant the opportunity to present facts before the learned Single Judge for necessary modifications, despite doubts about the appeal's maintainability.
Writ petitions are not maintainable where an effective alternative remedy exists.
The court held that an appellate court should not make observations on merits if the appeal is deemed non-maintainable, to avoid influencing subsequent legal proceedings.
The court holds that a writ petition can be dismissed as infructuous when subsequent orders create fresh causes of action.
An MJC is not maintainable to restore a disposed writ petition adjudicated on merits, but a review petition may be filed by the petitioner if advised.
Point of law: Interim order of Single – Appeal not maintainable - Character of the ad interim order would continue to be the same until an adjudication is made by the irrespective of the fact as to w....
Unchallenged prior order setting aside impugned decision bars further probe; parties to agitate before authority.
Court directs time-bound disposal of appeal without merits opinion under Article 226.
Court affirmed the lower court's decision and dismissed the appeal, stating no interference was necessary.
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