Late-Ramanand Baraik sold 2.11 acres of land vide registered sale deeds dated 30.08.1983 to one Sanjay Gupta and two others. On an application filed by respondent
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No 15 son of late Ramanand Baraik, the concerned SDO on 23.04.1993 issued a Caste Certificate of Tribe in his favour showing him to be belonging to ‘Chik Baraik’. There are affidavits sworn by respondent
No 15 dated 06.07.2000 and 02.08.2000 stating that he belongs to general caste which is ‘Tanti’. Subsequent thereto, on 07.02.2001, respondents No 15 and 16 sold land to one Zainul Abdin. On 22.01.2004, respondents No 15 to 18 filed an application under Section 14E of the 1955 Act challenging the sale deeds dated 30.08.1983 executed in favour of Sanjay Gupta and others by his late father. Having come to know that respondent No 15 had executed number of sale deeds claiming himself to be belonging to general category and further that the caste certificate was obtained by him inter alia by playing fraud, the appellants No 1 and 2 through their attorney filed an application for cancellation of the caste certificate issued in favour of respondent No 15 on 29.03.2012 before S.D.O., Siliguri.
On 26.07.2012, appellants No 1 and 2 filed application for mutation of the land in their favour as the caste certificate issued in favour of respondent No 15 already stood cancelled. Copy of the aforesaid order was forwarded by the Additional District Magistrate vide memo dated 21.01.2013 to the District Welfare Officer. The aforesaid writ petition was disposed of on 25.04.2013 noticing the stand of the State that communication dated 06.03.2013, which was impugned in the writ 8 petition, had been withdrawn by the Commissioner, Jalpaiguri Division on 18.04.2013. Vide order dated 28.3.2014, the Committee opined that it is always empowered to deal with appeal with reference to verification of the caste certificate issued in favour of respondent No 15.
Singhvi, learned senior counsel appearing for the appellants while narrating the facts, as noticed above, submitted that the impugned judgment of the High Court is illegal, whereby it was held that the Committee had power to hear an appeal regarding cancellation of caste certificate. Even respondent No 15 had sworn two affidavits dated 06.07.2000 and 02.08.2000 specifically stating that he belongs to General Category of ‘Tanti’ and does not belong to any Scheduled Tribe community.
He further submitted that seeing the chequered history of the case, which is hanging fire for the last 19 years, the issue needs to be closed as respondent No 15 does not deserve any relief.
Considering the amendment carried out vide Act No XXXV of 2017 in the 1994 Act, the Committee has power to examine the issue, even in the case of cancellation of caste certificate. The primary issue in the case in hand is with reference to caste certificate issued to the respondent No 15.
In case, respondent
No 15 belongs to Scheduled Tribe community, permission is required for selling the land. At the time of hearing, it remained undisputed that the only sale deed dated 30.08.1983 executed by late Ramanand Baraik in favour of Sanjay Gupta and two others is subject matter of dispute as on the same ground other sale transactions entered into by late Ramanand Baraik are not in question in any other case. The order was impugned by the appellants No 1 and 2 before the learned Civil Judge (Junior Division), Siliguri under Section 14H of the 1955 Act because in the meanwhile vide sale deeds dated 24.11.2004, Sanjay Gupta sold the land to appellants No 1 and 2.
The aforesaid application for cancellation of the caste certificate was disposed of inter alia with the observation that no supporting documents were found in the record, on the basis of which caste certificate was issued in favour of respondent No 15; father of respondent No 15, namely, Ramanand Baraik was serving as a Driver in the Corporation as general category employee; respondent No 15 had sworn two affidavits dated 06.07.2000 before Notary Public, Siliguri and 02.08.2000 before Executive Magistrate, Siliguri stating that he belonged to general caste community and not Scheduled Tribe. Vide order dated 23.12.2013, the Committee set aside the order dated 06.07.2012 passed 18 by the SDO cancelling the Caste Certificate issued in favour of respondent
Case Title: M/S DARVELL INVESTMENT AND LEASING (INDIA) PVT. LTD. Vs. THE STATE OF WEST BENGAL
Case Number: C.A. No.-006106-006106 / 2017
