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2021 Supreme(UK) 212
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Anita Devi - Appellant
Versus
Uttarakhand SC ST Commission Dehradun & Ors. - Respondents
Writ Petition (M/S) No. 2290 of 2021
Decided On : 11-11-2021
B.S. Koranga, Advocate, Lalit Samant, Advocate
Disputes over temple possession should be resolved in a civil court and are not maintainable at the Scheduled Tribes Commission.
Headnote:
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Complaint to Commission - Dispute over temple possession
Fact of the Case:
The petitioner filed a complaint to the Uttarakhand Scheduled Tribes Commission regarding a dispute over possession of a temple in a village. The Commission initially directed the police to register a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, but later modified the order to remove this direction.
Finding of the Court:
The court found that the dispute over temple possession should be resolved in a civil court and was not maintainable at the Scheduled Tribes Commission. Therefore, the court declined to interfere with the Commission's order dated 24.09.2021, dismissing the writ petition.
Issues: Dispute resolution jurisdiction of Scheduled Tribes Commission, maintainability of complaint
Ratio Decidendi: The court held that disputes over temple possession should be resolved in a civil court and are not maintainable at the Scheduled Tribes Commission.
Final Decision: The writ petition was dismissed, and the court declined to interfere with the Commission's order dated 24.09.2021.
JUDGMENT
Manoj Kumar Tiwari, J. - Heard learned counsel for the parties.
2. Petitioner had made a complaint to Uttarakhand Scheduled Tribes Commission and the Chairman of the Commission vide order dated 16.09.2021 had passed an order directing the police authorities to register case against certain persons under provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The said order was subsequently modified on 24.09.2021 and the direction to register case under provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was scored-off.
3. Feeling aggrieved by the order dated 24.09.2021, petitioner has filed this writ petition.
4. From perusal of the complaint made by the petitioner, it is apparent that petitioner has a dispute with certain persons residing in Village Sambhawala, Police Station Sahaspur, District Dehradun regarding possession over a temple and such a dispute can only be resolved in a civil Court, therefore, the complaint made by the petitioner to Scheduled Tribes Commission was not maintainable at all.
5. In such view of the matter, the order passed by Scheduled Tribes Commission on 24.09.2021 cannot be faulted with.
6. In such view of the matter, this Court declines to interfere with the impugned order dated 24.09.2021. Accordingly, writ petition fails and is dismissed.
