Gaurav Upadhyay vs The State Of Assam And 7 Ors
2025 Latest Caselaw 2945 Gua

Gauhati High Court

Gaurav Upadhyay vs The State Of Assam And 7 Ors on 7 February, 2025

                                                                 Page No.# 1/4

GAHC010240502024




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

                            Case No. : WA/5/2025

         GAURAV UPADHYAY
         S/O LATE SHYAM SUNDAR UPADHYAY,
         RESIDENT OF GOVT. QUARTER NO. BII,
         AT ASSAM POLICE HOUSING COMPLEX,
         ULUBARI, DIST KAMRUPM ASSAM 781007.

               VERSUS

         THE STATE OF ASSAM AND 7 ORS
         REPRESENTED BY THE CHIEF SECRETARY
         TO THE GOVT. OF ASSAM, DISPUR ASSAM 781006.

         2:DIVYANA A LAHAN
          REP. BY HER MOTHER/NEXT FRIEND/LEGAL GUARDIAN
          SMT. LEENA DOLEY
          PERMANENT R/O- H.NO. 54
          BELTOLA COLLEGE ROAD
          BANGAON
          BELTOLA
          GHY-28
          KAMRUP (M)
         ASSAM


         3:LEENA DOLEY
          R/O- H.NO. 54
          BELTOLA COLLEGE ROAD
          BANGAON
          BELTOLA
          GHY-28
          KAMRUP (M)
         ASSAM
                                                                Page No.# 2/4

     4:THE SECRETARY

      DEPARTMENT OF TRIBAL AFFAIRS (PLAIN)
      GOVERNMENT OF ASSAM
      DISPUR
      GUWAHATI-781006
      ASSAM.

     5:STATE LEVEL CASTE SCRUTINY COMMITTEE
     ASSAM
      REP. BY ITS CHAIRMAN
      OFFICE OF THE SECRETARY
      DEPARTMENT OF TRIBAL AFFAIRS (PLAIN)
      GOVERNMENT OF ASSAM
      DISPUR
      GUWAHATI-781006
     ASSAM.

     6:THE DEPUTY COMMISSIONER
      KAMRUP M GUWAHATI ASSAM 781001

     7:VIGILANCE CELL
      DIRECTORATE OF WPT AND BC DEPTT.
      GOVT. OF ASSAM
      RUKMINI GAON
      GHY PIN- 781006
      REP. BY THE SUPERINTENDENT OF POLICE
      CID ASSAM

     8:SUPERINTENDENT OF POLICE
      CID ASSAM ULUBARI GHY-0




For the appellant     :   Mr. K.N. Choudhury, Sr. Advocate
                          Mr. B. Das, Advocate


For the respondents   :   Mr. N. Das, Govt. Advocate,

Ms. G. Goswami, Advocate for

Mr. R. Dhar, S.C., Tribal Affairs (Plain) Page No.# 3/4

-BEFORE-

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM 07-02-2025 (Vijay Bishnoi, C.J.)

Heard learned senior counsel for the appellant.

Issue notice, returnable on 20.03.2025.

Mr. N. Das, learned Government Advocate, Assam puts in appearance on behalf of respondent Nos.1, 6, 7 and 8; Ms. G. Goswami, learned counsel puts in appearance on behalf of respondent Nos.2 and 3; and Mr. R. Dhar, learned Standing Counsel, Tribal Affairs (Plain) puts in appearance on behalf of respondent Nos.4 and 5. Service is therefore complete.

Counsel appearing for the respondents are granted time to file their respective response to the writ appeal, if they desire so, by the next date of hearing.

It is contended that the learned Single Judge vide impugned judgment and order dated 03.10.2024 directed the State Level Scrutiny Committee to decide afresh the validity of the Scheduled Tribe caste certificate issued in favour of the respondent No.2 within a period of 45 days.

It is informed by the learned counsel for the respondent Nos.4 and 5 that the said exercise has not been completed till date.

In such circumstances, we restrain the State Level Scrutiny Committee from undertaking the exercise as per the direction given by the learned Single Page No.# 4/4

Judge, till final disposal of this writ appeal.

List this appeal along with WA 388/2022.

                      JUDGE                       CHIEF JUSTICE



Comparing Assistant