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2013 DIGILAW 39 (SIK)

Himalayan Distilleries Ltd. v. State of Sikkim, Through the Chief Secretary, Government of Sikkim, Gangtok, Sikkim.

2013-11-14

N.K.JAIN

body2013
JUDGMENT Jain, ACJ (Oral). Heard finally with the consent of learned counsel for the parties. 2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India challenging the impugned order dated 01.02.2013 passed by respondent No. 2, Sub-Divisional Magistrate, East District at Gangtok. There is no dispute between the parties that the Sub-Divisional Magistrate is a Sub-Registrar. 3. The matter was listed on 08.11.2013 and an objection was raised by the learned Government counsel that order impugned in this writ petition is appealable before the Appellate Authority and, therefore, this writ petition should not be entertained and the petitioner should be asked to approach the Appellate Authority first. Time was sought for referring the relevant provision of law in this regard. 4. Today, the learned Government counsel referred Rule 6 of Sikkim State Rules Registration of Document, 1930 and submitted that the Registrar is the Appellate Authority against such order. Rule 6 reads as under: - “6. The Registrar would be empowered to revise or alter any order of any Sub-Registrar refusing to admit a document if an appeal against such orders was presented to the Registrar within a month from the date of order.” 5. Learned counsel for the petitioner submitted that time limit to file the appeal was only a month from the date of order, which has expired. Therefore, it would be appropriate that if this Court direct the Registrar to hear the appeal, if the same is filed within a particular period fixed by this Court. 6. The submission of learned counsel is not opposed by learned counsel for State. 7. Consequently, as agreed by the parties, the writ petition stands disposed off as under: - (i) The petitioner will prefer an appeal before the Registrar against the order dated 01.02.2013 impugned in this writ petition. (ii) If the appeal is preferred within 10 (ten) days from today, then the Registrar is directed to hear the appeal preferred by the petitioner on merit and will not dismiss the same on the ground of limitation. (iii) It is needless to mention that in case of any adverse order is passed, then it will be open for the petitioner to approach this Court, in accordance with law. (iv) Parties are directed to bear their own costs.