WPMS/2290/2021
2021 Latest Caselaw 4523 UK

     IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
         ON THE 11TH DAY OF NOVEMBER, 2021
                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

           Writ Petition (M/S) No. 2290 of 2021

 BETWEEN:
       Smt. Anita Devi.                                  .....Petitioner
       (By Mr. B.S. Koranga, Advocate)


 AND:
       Uttarakhand SC ST Commission
       Dehradun & others.                          ....Respondents
       (By Mr. Lalit Samant, Advocate for respondent no. 1)



                            JUDGMENT

Heard learned counsel for the parties.

2. Petitioner had made a complaint to Uttarakhand Scheduled Tribes Commission and the Chairman of the Commission vide order dated 16.09.2021 had passed an order directing the police authorities to register case against certain persons under provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The said order was subsequently modified on 24.09.2021 and the direction to register case under provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was scored-off.

3. Feeling aggrieved by the order dated 24.09.2021, petitioner has filed this writ petition.

4. From perusal of the complaint made by the petitioner, it is apparent that petitioner has a dispute with certain persons residing in Village Sambhawala,

Police Station Sahaspur, District Dehradun regarding possession over a temple and such a dispute can only be resolved in a civil Court, therefore, the complaint made by the petitioner to Scheduled Tribes Commission was not maintainable at all.

5. In such view of the matter, the order passed by Scheduled Tribes Commission on 24.09.2021 cannot be faulted with.

6. In such view of the matter, this Court declines to interfere with the impugned order dated 24.09.2021. Accordingly, writ petition fails and is dismissed.

(MANOJ KUMAR TIWARI, J.) Navin