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2024 Supreme(Gau) 444

THE GAUHATI HIGH COURT ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Vijay Bishnoi, Suman Shyam, JJ.
State Of Assam And Ors. - Appellant
Vs.
Naba Kumar Sarania And Ors. - Respondent
WA No. 110 of 2024
Decided On : 03-04-2024

Advocates:
Advocate Appeared:
For the Appellant :Mr. D. Saikia, Advocate General, Assam, Mr. K. Gogoi, GA, Assam, Mr. R. Dhar, SC, Tribal Affairs (P)
For the Respondent:Mr. Salman Khursid, Sr. Advocate (through RVC), Mr. R. Bezbaruah, Mr. P.P. Gogoi, Mr. M. Sarania, Advs.

The court emphasized the importance of not granting interim orders that practically give the principal relief sought in the petition, and directed the expeditious disposal of the writ petition.

Headnote:

Caste Scrutiny - Tribal Status - Kumari Madhuri Patil - [Kumari Madhuri Patil, State of Maharashtra vs. Milind, Central Order No. 22, Constitution Bench of the Hon’ble Supreme Court, Assistant Collector of Central Excise, Chandan Nagar, West Bengal -Vs- Dunlop India Limited & Ors., State of Uttar Pradesh & Ors. Vs. Ram Sukhi Devi, Mehul Mahendra Thakkar @ Karia Vs. Meena Mehul Thakkar @ Karia, Sec., UPSC & Anr. Vs. S. Krishna Chaitanya, Super Cassettes Industries Limited Vs. Music Broadcast Private Limited] - The court discussed the legality and validity of the impugned order dated 27.03.2024 passed by the learned Single Judge and set aside the interim order passed by the learned Single Judge, directing the Registry to list the writ petition filed by the respondent No.1 on 05.04.2024 before the learned Single Judge, holding the roster, for final disposal. The court requested the learned Single Judge to decide the writ petition expeditiously while hearing on day-to-day basis, if required so.

Fact of the Case:

The respondent No. 1 filed a writ petition challenging the order of the State Level Caste Scrutiny Committee (SLSC) which opined that the respondent No. 1 does not belong to Bodo/Bodo Kachari community, a recognized ST(P) community in Assam. The Caste Certificate issued in favor of the respondent No. 1 was cancelled by the Government of Assam. The learned Single Judge passed an interim order suspending the impugned order till final disposal of the writ petition.

Finding of the Court:

The court set aside the interim order passed by the learned Single Judge and directed the Registry to list the writ petition for final disposal on an expedited basis.

Issues: The court considered the legality and validity of the interim order passed by the learned Single Judge and the urgency involved in the matter.

Ratio Decidendi: The court held that the interim order practically amounted to granting the final relief sought in the writ petition and was adverse to the public interest at large. The court directed the learned Single Judge to decide the writ petition expeditiously while hearing on day-to-day basis, if required so.

Final Decision: The court set aside the interim order passed by the learned Single Judge and directed the Registry to list the writ petition for final disposal on an expedited basis.

 

1. Heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. K. Gogoi and Mr. R. Dhar, learned counsel appearing for the appellants. Also heard Mr. Salman Khursid, learned senior counsel, assisted by Mr. R. Bezbaruah, learned counsel appearing for the respondent No. 1/writ petitioner.

2. It is seen that the respondent No. 1 has put in appearance as a Caveator, whereas notice of this appeal has not been issued to the respondents No. 2, 3 and 4. However, taking into consideration the urgency involved in the matter and also taking into consideration the fact that the respondents No. 2, 3 and 4 are proforma respondents and their interest is akin to that of the appellants, with the consent of the learned counsel for the parties, we deem it appropriate to dispose of this appeal finally without formally issuing notice to the respondents No. 2, 3 and 4.

3. This intra-court writ appeal is filed on behalf of the appellants challenging the order dated 27.03.2024 passed by the learned Single Judge in WP(C) 1394/2024, whereby the learned Single Judge has passed an interim order suspending the impugned order dated 12.01.2024 passed by the State Level Caste Scrutiny Committee and all consequential action thereof affecting the tribal status of the writ petitioner/respondent No. 1 herein, including the order of cancellation of such certificate, till disposal of the writ petition.

4. The brief facts of the case are that the State Level Caste Scrutiny Committee (hereinafter referred as “SLSC”) vide order dated 12.01.2024 has opined that the respondent No. 1 does not belong to Bodo/Bodo Kachari community, which is a recognized ST(P) community in Assam. It is noticed that pursuant to the said opinion expressed by the SLSC, the Caste Certificate dated 17.10.2011, issued in favour of the respondent No. 1 certifying that the respondent No. 1 belongs to Scheduled Tribe (Plains) Caste/Community (Bodo Kachari), issued by the Assam Tribal Sangha, Tamulpur District Unit, has been cancelled by the Government of Assam, Department of Tribal Affairs (Plains) vide order dated 20.01.2024. Being aggrieved with the order dated 12.01.2024 passed by the SLSC, the respondent No. 1 has preferred the writ petition before this Court claiming the following reliefs:

 

    “i. To quash and set aside the Impugned order issued vide No.DW/VC/739/2019-20/5 dated 06.06.2019 (Annexure-7) constituting a Vigilance Cell in the Directorate of WPT & BC, Assam being issued in violation of direction No.5 of para 13 of Kumari Madhuri Patil’s case;

ii. To quash and set aside the Impugned Communication No.TAD/BC/376/2019/71, dated 11.07.2019 (Annexure-9) issued by the Deputy Secretary, WPT & BC requesting for enquiry into the Social Status of the petitioner having no authority;

iii. To quash and set aside the Impugned Notification No.TAD/BC/855/2013/183 dated 05.09.2022 (Annexure-26) reconstituting the State Level Scrutiny Committee (SLSC) being issued in violation of direction No.4 of para 13 of Kumari Madhuri Patil’s case and

iv. To quash and set aside the impugned so called speaking Order bearing No.CCF 265487/785, dated 12.01.2024 (Annexure-27) of the State Level Scrutiny Committee being malafide, perverse and violation of directions of Kumari Madhuri Patil’s case and/or

v. after return of the Rule and hearing of the parties, being further pleased to make the Rule Absolute giving full and complete relief to the petitioners and/or pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case,

and

In the interim, pending disposal of this writ petition, the Hon’ble Court would be pleased to stay the operation of the impugned order bearing No. CCF 265487/785 dated 12.01.2024 passed by the State Level Scrutiny Committee (Annexure-27) and any consequential order(s) passed or issued by the authority and/or pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case.

5. It is an admitted position t

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