Taniram Mingki and 6 Ors, v. The State of Ap and 5 Ors

ORDER Date : 01-03-2023 Heard Mr. B. Kamdak, learned counsel for the petitioner. Also heard Ms. P. Sangeeta, learned Junior Government Advocate for the respondent nos. 1 to 3 and Mr. V. Jamoh, learned counsel for the respondent nos. 4, 5 & 6.

¶2This writ petition has been filed for setting aside of the bye-laws of Sika Tode Baane Kebang (Annexure-2 to the writ petition).

¶3Though on perusal of Annexure-2 of the writ petition, no author of the bye-laws of Sika Tode Baane Kebang is to be found but at the end of the by-laws as many as 7(seven) names have been reflected to be the Drafting Committee of the by-laws, which are as under:

¶1Shri Taka Jamoh - Chairman

¶2Shri Oyin Tate - Member

¶3Dr. Vicky Saroh - Member

¶4Shri Deepak Siram - Member Page No.# 4/5

¶5Shri Nalo Tasing - Member

¶6Shri Apang Jamoh - Member

¶7Shri Tatem Jamoh - Member The bye-laws of Sika Tode Baane Kebang is stated to have been framed for the self-governance of the village called Sika Tode.

¶4The grievance of the petitioners, as can be noticed from the pleaded case of the petitioners, appears to be that whenever the Gaon Buras of the village, namely, respondent nos. 4 & 5 are approached for issuance of No Objection Certificate (NOC) for issuance of Scheduled Tribe Certificate (ST) by the competent authority, the Gaon Buras of the village, namely, respondent nos. 4 & 5 acting on the bye-laws of Sika Tode Baane Kebang refuses to issue NOC and thereby, depriving the petitioners from obtaining the ST certificate.

¶5The respondent nos. 2 & 3, the Deputy Commissioner, Pasighat, East Siang District and Circle Officer, Sille-Oyan circle, East Siang District, respectively, have filed their counter-affidavits, wherein, it has been stated that the said authorities have not issued any orders or directions to the Gaon Buras of Sika Tode village to act upon the bye-laws of Sika Tode Baane Kebang, with regard to verification/recommendation for issuance of the ST certificate and Permanent Residential Certificate (PRC).

¶6Upon consideration of the rival pleadings of the parties, it is noticed that the bye-laws of Sika Tode Baane Kebang has neither been framed in exercise of any statutory provisions, nor, any orders or directions have been issued by the competent authority in this regard. Thus, the impugned bye-laws of Sika Tode Baane Kebang cannot be said to have been framed whose, existence Page No.# 5/5 and validity can be traced to the constitution of India.

¶7Accordingly, this writ petition is disposed of by providing that in the matter of issuance of No Objection Certificate (NOC) for issuance of Scheduled Tribe Certificate (ST), the bye-laws of Sika Tode Baane Kebang shall not be acted upon insofar as petitioners are concerned.

¶8The writ petition is disposed of, with the above direction. JUDGE Comparing Assistant

Page No.# 1/5 GAHC040007732021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 266/2021 1:Taniram Mingki and 6 Ors, S/o Lt. Tatok Mingki, R/o Village Sika Tode, P.O/P.S Sille Oyan, East Siang DIstrict, A.P 2: Tatok Tali S/o Lt. Tasing Tali R/o Village Sika Tode Arunachal Pradesh 3: Tasi Jamoh S/o Lt. Taker Jamoh R/o Village Sika Tode Arunachal Pradesh 4: Takam Gao S/o Lt. Takoh Gao R/o Village Sika Tode Arunachal Pradesh 5: Takyam Gao S/o Lt. Takoh Gao Page No.# 2/5 R/o Village Sika Tode Arunachal Pradesh 6: Ogeshwar Tasing S/O Lt. Tagang Tasing R/o Village Sika Tode Arunachal Pradesh 7: Tayek Tasing R/o Village Sika Tode Arunachal Prades VERSUS 1:THE STATE OF AP and 5 Ors. Represented by the Secretary General Administration, Govt. of Arunachal Pradesh, Itanagar 2:The Deputy Commissioner Pasighat Arunachal Pradesh 3:The Circle Officer Sille Oyan circle Arunachal Pradesh 4:Tate Tasing Gam Burah (GB) Sika Tode Village Arunachal Pradesh Page No.# 3/5 5:Naloh Tasing S/o Shri Tate Tasing General Secretary Sika Tode Baane Kebang (STBK) R/o Sika Tode Village Arunachal Prades Advocate for the Petitioner : T T Tara Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA