NABA KUMAR SARANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed challenging, inter alia the following:

(2.) The challenge nos. i, iii and iv above, are based on the allegation that the same are in violation of the direction of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil vs. Additional Commissioner, Tribal Development, reported in (1994) 6 SCC 241. The second prayer has been made by questioning the authority to direct such enquiry on the social status of the petitioner.

(3.) To understand and appreciate the issue and the grounds of challenge vis-avis the defence of the respondents, it would be convenient if the facts of the case are narrated in brief. Suffice it to mention that in this writ petition, initially an order was passed on 27/3/2024 by the learned Single Judge granting an interim order suspending the impugned order dtd. 12/1/2024 of the SLSC and all consequential action. However, the said order was the subject matter of an appeal preferred by the State and 4 other connected respondents being WA 110 / 20204 in which the Hon'ble Division Bench had passed an order dtd. 3/4/2024 whereby the aforesaid interim order was interfered with and set aside. However, considering the urgency, the matter was directed to be listed before the learned Single Bench for final disposal.