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2011 DIGILAW 658 (GAU)

Hill View Colony v. Industrial Village Razuphe

2011-08-05

A.K.GOSWAMI, MADAN B.LOKUR

body2011
JUDGMENT A.K. Goswami, J. 1. This writ appeal is presented against the order dated 01-09-2010 passed by the learned Single Judge in W.P.(C) No. 117(K) of 2010. The present Appellant was not a party to the writ proceeding. By an order dated 06-04-2011 in C.M.C. No. 94(K) of 2010, the Appellants was granted leave to appeal against the said judgment and order dated 01-09-2010. 2. We have heard Mr. Tali Ao, learned Counsel for the Appellants as well as Mrs. Lucy Nsu, learned Government Advocate for the Respondent Nos. 2 to 5. We have also heard Mr. T.B. Jamir, learned Counsel appearing for the Respondent No. 1. 3. In the writ petition grievance expressed by the writ Petitioner was that although for the on going Census operation in Dimapur for the Petitioner's Village, enumerators were appointed by the Extra Assistant Commissioner (GEN), Charge Officer (Census), Office of the Deputy Commissioner, Dimapur, for collecting data, in some areas of the Petitioner's Village, census operation was carried out by the staff of Dimapur Municipal Council, Dimapur. It was the case of the Petitioner that staff of Dimapur Municipal Council, Dimapur, is not the official enumerators for the Industrial Village, Razuphe, Dimapur i.e. writ Petitioner and, therefore, they have No. right whatsoever to carry out census operation pertaining to the Petitioner's Village and that it is only the official enumerators who are appointed by the competent authority who have the right to undertake census operation. 4. Taking note of the fact that the Charge Officer (Census) has specifically appointed enumerators for the Petitioner's Village and that census operation conducted by the staff of the Dimapur Municipal Council would be contrary to the direction of the Charge Officer (Census), the learned Single Judge had directed Respondent No. 3, Extra Assistant Commissioner (GEN), Charge Officer (Census), Office of the Deputy Commissioner, Dimapur, Nagaland, to cancel the census records collected by the Dimapur Municipal Council, Dimapur with a further direction to conduct census operation in the Petitioner's Village through the official enumerators appointed by him. 5. Mr. 5. Mr. Tali Ao, learned Counsel for the Appellants has submitted that the order dated 01-09-2010 passed by the learned Single Judge was not correct in view of the fact that the area for which census operation was directed to be conducted through the enumerators appointed by the Extra Assistant Commissioner, (GEN), Charge Officer (Census), Office of the Deputy Commissioner, Dimapur, Nagaland falls within the Dimapur Municipal Council and, therefore, Dimapur Municipal Council has got the right to conduct census operation. This aspect of the matter, according to the learned Counsel, was overlooked by the learned Single Judge in passing the impugned order dated 01-09-2010. The learned Counsel submits that the Appellants are residents of Ward No. 12 of the Dimapur Municipal Council, Dimapur and the same cannot be construed to be a part of a Village. Accordingly, the Appellants have prayed for a direction to the Respondent Nos. 2, 3, 4 & 5 to carry out current census operation in the geographical areas of Ward No. 12 of the Dimapur Municipal Council as notified by the Government of Nagaland by Notification No. TC/HOME-36/2003 dated Kohima, the 30th September, 2003 and published in the Nagaland Gazette Extraordinary dated 30th September, 2003. 6. It is not in dispute that four enumerators were appointed for the Industrial Village, Razhuphe by the Extra Assistant Commissioner, (GEN), Charge Officer (Census), Office of the Deputy Commissioner, Dimapur. Under the provision of Section 4(2) of the Census Act, 1948, for short, the Act, the State Government may appoint persons as census-officer (with such designations as the Government may deem necessary) to take, or aid in, or supervise the taking of, the census within any specified local area and such persons, when so appointed, shall be bound to serve accordingly. Section 4(4) provides that the State Government may delegate to such authority as it thinks fit the power of appointing census-officers conferred by Sub-section (2). It is to be noted that the appointment of enumerators as reflected in the letter dated 03-08-2010 (Annexure-B to the writ petition), has not been challenged. 7. The learned Counsel for the Appellant has not been able to say under what authority the staff has been appointed by the Dimapur Municipal Council, Dimapur to undertake census operation. Census operation can be undertaken only by the census staff appointed by the competent authority under the provision of the Act. 7. The learned Counsel for the Appellant has not been able to say under what authority the staff has been appointed by the Dimapur Municipal Council, Dimapur to undertake census operation. Census operation can be undertaken only by the census staff appointed by the competent authority under the provision of the Act. Therefore, apart from the enumerators appointed by the competent authority for Industrial Village, Razhuphe, Dimapur, No. other person would be entitled to conduct census operation for the Industrial Village, Razhuphe. 8. In view of the aforesaid position, we do not find any reason to interfere with the order dated 01-09-2010 passed by the learned Single Judge in W.P.(C) No. 117(K) of 2010. Accordingly, the writ appeal is dismissed. Appeal Dismissed.