DIVYANA A LAHAN Vs. GAURAV UPADHYAY

JUDGEMENT

(1.) Heard Mr. K Goswami, learned counsel for the appellants. Also heard Mr. KN Choudhury, learned senior counsel assisted by Mr. PN Goswami, learned counsel for the respondent No.1, Mr. TC Chutia, learned Additional Senior Government Advocate for the respondent State of Assam and Mr. R Dhar, learned counsel for the WPT and BC Department.

(2.) This writ appeal has been filed against the order dated 21.10.2020 passed by the learned Single Judge in a pending writ petition being WP(C)No.4523/2020. The facts of this case are that the writ appellants before this Court had lodged an FIR against the private respondent No.1 under the POCSO Act. Later on the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Act has also been added.

(3.) Meanwhile, the Caste Certificate (more precisely the 'Tribal Certificate') was cancelled by the Deputy Commissioner, Kamrup(Metro) District by the order dated 22.09.2020 without giving an opportunity of hearing to the victim. The said order was challenged before this Court by the victim in a writ petition. During the pendency of the writ petition, the concerned authority who had cancelled the certificate by the order dated 22.09.2020 had withdrawn the said cancellation order and, thereafter, in terms of the direction given by the Hon'ble Apex Court in Kumari Madhuri Patil Vs. Additional Commissioner , 1995 AIR(SC) 94 had referred the matter to the Screening Committee appointed by the Government of Assam for such purposes.