JANGA BAHADUR CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE petitioners seek a Writ of Certiorari to call for the records of the proceedings of the Additional District Collector, East, Gangtok dated 30.03.2010 made in Memo No. 856/DCE, which was made pursuant to the final order dated 03.12.2009 issued by the Assistant Collector, East District, Gangtok, cancelling the Certificate of Identification issued to the petitioners on 12.12.1990, 26.02.1996, 18.01.2007 and 11.12.2003 respectively and quash the same. 1.1 The impugned order dated 30.03.2010 reads as hereunder: " GOVERNMENT OF SIKKIM EAST DISTRICT COLLECTORATE GANGTOK: SIKKIM. Memo no:856/DCE Dated: 30.3.2010. ORDER In pursuance of the final order dated: 3rd December, 2009 issued by the Asstt. Collector, Ms. Aishvarya Singh, IAS, East District, Gangtok in the Misc. Case No. 37/DM/E dated 28.8.2008, between Smt. Harka Maya Chettri, resident of Pani House, Deorali Vrs. Shri Janga Bahadur Chettri resident of Pani House, Deorali, the COI no. 4593 dated 12.12.1990 issued to Mr. Janga Bahadur Chettri by the office of District Collector, East District, Gangtok is hereby cancelled.

(2.) ACCORDING to Mr. Jorgay Namkha, learned counsel for the petitioners, the impugned order suffers for want of jurisdiction. Our attention was invited to the observation of the Additional District Collector, East made in the impugned proceedings dated 30.03.2010 to the effect that the impugned order was passed in pursuance of the final order dated

(3.) WHAT is more important in the instant case is the submission made by Mr. T.B. Thapa, learned senior counsel appearing for the contesting respondent No. 3, who very fairly brought to our notice the Notification No. 04/HOME/2006 dated 25.01.2006, as per which only the Committee constituted for the purpose of issuance of Certificate of Identification (COI) alone has the jurisdiction to pass the impugned proceedings.