Gaurav Upadhyay vs The State Of Assam And 8 Ors
2022 Latest Caselaw 934 Gua

                                                                  Page No.# 1/4

GAHC010050002022




                         THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : WP(C)/1867/2022

         GAURAV UPADHYAY
         S/O. LT. SHYAM SUNDAR UPADHYAY, R/O. SILPUKHURI, GUWAHATI,
         ASSAM, PIN-781003.



         VERSUS

         THE STATE OF ASSAM AND 8 ORS
         REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR-781006,
         ASSAM.

         2:THE SECRETARY
         TO THE GOVT. OF ASSAM
         WPT AND BC DEPTT.
          DISPUR
          GUWAHATI-06.

         3:THE DEPUTY COMMISSIONER

          KAMRUP (M)
          GUWAHATI-01.

         4:THE CRIMINAL INVESTIGATION DEPTT.

          ASSAM POLICE
          ULUBARI
          GUWAHATI-781005.

         5:THE PRESIDENT

          ALL ASSAM TRIBAL SANGHA
          TRIBAL REST HOUSE
          SOLAPAR
                                                                    Page No.# 2/4

             PALTANBAZAR
             GUWAHATI-781008.

            6:DIVYANA A. LAHAN (MINOR)
             REP. BY HER MOTHER SMT. LEENA DOLEY
             R/O. E/VI
             ZONE II
             POLICE QUARTERS
             DR. B.K. KAKATI ROAD
             ULUBARI
             GUWAHATI-781007.

            7:MASTER AAYANG L. LAHAN (MINOR)
             REP. BY HIS MOTHER SMT. LEENA DOLEY
             R/O. E/VI
             ZONE II
             POLICE QUARTERS
             DR. B.K. KAKATI ROAD
             ULUBARI
             GUWAHATI-781007.

            8:SMT. LEENA DOLEY
            W/O. LT. NILOTPAL LAHAN
             R/O. E/VI
             ZONE II
             POLICE QUARTERS
             DR. B.K. KAKATI ROAD
             ULUBARI
             GUWAHATI-781007.

            9:THE STATE LEVEL CASTE SCRUTINY COMMITTEE
            ASSAM REP. BY ITS CHAIRMAN
             OFFICE OF THE COMMISSIONER AND SECY. GOVT. OF ASSAM
            WPT AND BC DEPTT.
             DISPUR
             GUWAHATI-06

Advocate for the Petitioner   : MR. N J KHATANIAR

Advocate for the Respondent : GA, ASSAM
                                                                Page No.# 3/4

                               BEFORE
             HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                 ORDER

16.03.2022

Heard Mr. K.N. Choudhury, learned Senior Counsel for the petitioner, who submits that there was an allegation of outraging the modesty of the daughter of the respondent no.8 and that the daughter belonged to the ST Category. He submits that the State Level Scrutiny Committee has however found that the daughter of the respondent no.8 did not belong to the ST Category. The petitioner's counsel submits that the State Government has not taken any action against the respondent no.8, for making a false claim, with regard to the status of her daughter in terms of the judgment of the Apex Court in Kumari Madhuri Patil & Another VS Additional Commissioner, Tribal Development & Others, reported in (1994) 6 SCC 24 [Paragraph 13(14)].

Issue Notice to the respondent nos.1, 2, 3, 4, 8 & 9 at this stage returnable in 6 (six) weeks.

Ms. M.D. Borah, learned counsel accepts notice on behalf of the respondent nos.1, 3 & 4 while Mr. R. Dhar, learned counsel accepts notice on behalf of all respondent nos.2 & 9.

The petitioner to take steps for service of notice upon the respondent no.8 by Registered post with AD within 3 (three) days.

Ms. M.D. Borah, learned counsel for the respondent nos.1, 3 & 4 submits that on reading the prayer of the petitioner in the writ petition, the petitioner should have approached the State Government with regard to her grievance. The maintainability of the writ petition is kept Page No.# 4/4

open.

List the matter after six weeks.

JUDGE

Comparing Assistant