Judgment Prafulla C. Pant, CJ. 1. By means of this petition filed under Article 227 (read with Article 226) of the Constitution of India, the petitioner has sought transfer of Original Suit (Damage Suit) No. 1 of 2008 Shri Santosh R. Marak vrs. Shri Clevert. M. Sangma and others from the Court of S.R.R. Marak, Magistrate First Class of Subordinate District Autonomous Council Court, Tura to the Court of Addl. Deputy Commissioner/District Judge, Tura. 2. No one has turned up on behalf of the defendants/respondents. Petitioner/plaintiff has filed affidavit of service which is on record. As such, learned counsel for the petitioner is heard. 3. Brief facts of the case are that the plaintiff filed a suit for damages of Rs. 50,00,000/- (Rupees fifty lakhs) as compensation from the defendants (present respondents) on the ground that the defendants have caused harm to the reputation of the petitioner/plaintiff by making and publishing false allegations in implementation of several government schemes in his capacity as Addl. District Magistrate. The petitioner/plaintiff is a retired officer. The suit for compensation was filed in the Court of Deputy Commissioner, Tura, West Garo Hills in the year 2008 (before the separation of district Judiciary). 4. Attention of this Court is drawn to copy of order dated 10-8-2012 whereby the Deputy Commissioner, West Garo Hills, Tura, transferred the suit to the Court run by Garo Hills Autonomous District Council, Tura. Attention of this Court is also drawn to government order No. LJ (B) 181/74/184, dated 29th July, 2010 whereby the government had directed the regular courts to transfer the suits between tribals vrs. tribals to the courts run by District Autonomous Council Courts. 5. It is pertinent to mention here that under paragraph 4 of VI Schedule of Constitution of India, the courts established by Autonomous District Council have jurisdiction to try the cases between tribals vrs. tribals. Learned counsel for the petitioner/plaintiff argued before this Court that the suit filed by the petitioner/plaintiff is against the Non-Governmental Organizations and such organizations cannot be said to be tribals even if headed by tribal persons. I agree with the argument advanced on behalf of the plaintiff that a Non-Governmental Organization or a Government Department cannot be said to be tribal for the purposes of jurisdiction of cases triable by the courts appointed by the Autonomous District Council. 6.
I agree with the argument advanced on behalf of the plaintiff that a Non-Governmental Organization or a Government Department cannot be said to be tribal for the purposes of jurisdiction of cases triable by the courts appointed by the Autonomous District Council. 6. The summons issued to the petitioner/plaintiff, copy of which is annexed as annexure-IV to the petition shows that the summons has been issued by Judicial Magistrate First Class of Garo Hills Autonomous District Council, Tura, to the plaintiff in a Civil Suit asking him that he may plead guilty in the offence of the charge. It is pertinent to mention here that in a suit of civil nature there is no question of pleading guilty by the plaintiff. 7. In the above circumstances, exercising powers under Article 227 (read with Article 226) of the Constitution of India, this petition CRP No. 44 of 2013 is hereby allowed. The damage suit No. 1 of 2008 pending in the court of Judicial Magistrate First Class, Garo Hills Autonomous district Council, Tura, is transferred to the court of District Judge/Addl. Deputy Commissioner, West Garo Hills, Tura for further trial and disposal of the suit, provided the same is not already decided.