The State Of Tripura & Ors. vs . Sri Subrata Kairi
2024 Latest Caselaw 1249 Tri

Tripura High Court

The State Of Tripura & Ors. vs . Sri Subrata Kairi on 24 July, 2024

Author: Arindam Lodh

Bench: Arindam Lodh

                                   HIGH COURT OF TRIPURA
                                         AGARTALA
                       IA 01 0F 2024 IN WA 80 OF 2024
                      IA 02 OF 2024 IN WA 80 OF 2024
                                WA 80 OF 2024               I




               The State of Tripura & Ors. Vs. Sri Subrata Kairi

 For the                                             :   Mr. D. Sarma, Addl. G.A.
 applicant/petitioner (s)
 For the respondent (s)                              :   None.

   HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
           HON'BLE MR.JUSTICE ARINDAM LODH
                                                         ORDER

24.07.2024 Learned counsel for the State-appellants submits that the decision of the State Level Scrutiny Committee dated 12th July, 2023 whereby the Scheduled Tribe Certificate issued in favour of the writ petitioner on 10th May, 1989 as belonging to 'Kairi' Community which is not a notified Scheduled Tribe has been set aside by the learned writ court on grounds of violation of principles of natural justice and absence of the complainant to substantiate the allegations despite a clear inquiry report of the Sub Divisional Officer, Khowai being the Certificate Issuing Authority, the vigilance report and the oral evidence of the witnesses. The SLSC in its order dated 12th July, 2023 came to a clear conclusion that the Scheduled Tribe Certificate was obtained by the writ petitioner by practicing fraud and misrepresentation and that his surname was changed from 'Kaur' to 'Kairi'. Therefore, the aggrieved respondents-State are in appeal.

Issue notice on the sole respondent in the delay condonation application (IA No.01 of 2024) and on the main memo of appeal (WA 80 of 2024) under ordinary process and speed post, for which requisites be filed within one week.

In the meantime, the operation and execution of the impugned judgment and order has been stayed.

Notice is made returnable on 28.08.2024.

         (ARINDAM LODH),J                                   (APARESH KUMAR SINGH),CJ
sanjay


SANJAY GHOSH     Digitally signed by SANJAY GHOSH
                 Date: 2024.07.25 15:30:51 +05'30'