Research › Search › Judgment

Tripura High Court · body

2014 DIGILAW 380 (TRI)

Nepal Majumder v. State of Tripura

2014-11-14

S.C.DAS

body2014
JUDGMENT S.C. Das, J. 1. Both the writ petitions are taken up together for hearing and disposal since facts and points of law are identical and so this single judgment shall govern both the cases. 2. Heard learned counsel Mr. A. Bhowmik for the petitioners and learned G.A., Mr. T. Datta Majumder, for the State-respondents. 3. Both the petitioners are full blood brothers. The petitioner Nepal Majumder in WP(C)309 of 2006 and the petitioner Santosh Majumder (now dead) in WP(C) No. 312 of 2006 claimed that they belonged to 'Mahishya Das' community, a community recognized as Scheduled Castes in Tripura. The petitioner Nepal Das in WP(C) No. 309 of 2006 submitted a copy of his Caste Certificate dated 23.03.1984 issued by SDO, Belonia, South Tripura which is marked as Annexure-1 to the writ petition. The petitioner Santosh Majumder (now dead) substituted by his legal heirs, i.e. the present petitioners submitted a certificate issued by Headmaster, B.K. Institution dated 10.01.1994 claiming to have belonged to Scheduled Castes community and that copy of the Certificate is marked as Annexure-1 to the writ petition. It is the case of petitioner Nepal Majumder that on 04.12.1993 a show cause notice was issued to him by the issuing authority of the Castes Certificate based on a field inquiry report submitted by Deputy Collector (Revenue), Belonia that the petitioner do not belong to Scheduled Castes community and that thereafter his Scheduled Castes Certificate was cancelled. He challenged the decision of the SDO, Belonia by filing WP(C) No. 106 of 1994 before the Gauhati High Court, Agartala Bench and the learned single judge of the High Court by Order dated 26.08.2002 dismissed the writ petition with the following order:- "The learned senior Govt. Advocate submits that in the meantime, a Scrutiny Committee has been constituted under the Scheduled Castes Welfare Department to examine such matters. In view of above, the Sub-Divisional Officer, Belonia, is hereby directed to furnish copies of the reports of the Deputy Collector, Belonia to the petitioners and thereafter, refer the matters to the said Scrutiny Committee who shall pass necessary orders after hearing the petitioners. The petitioners shall appear before the Sub-Divisional Officer, Belonia on 16th September, 2002 and furnish a copy of this order, and thereafter, the S.D.O. shall proceed with the matters as directed. The writ petition stands disposed."