NETRA KUMAR PRADHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The present writ petition assails the Order dtd. 1/7/2019 passed by the District Collector-respondent no.1 cancelling the Certificate of Identification (COI) of the petitioners. It also challenges the notice dtd. 26/6/2020 issued by the Sub-Divisional Magistrate-respondent no.2 stating that the petitioners had been given two months time to sell their landed properties and submit the status report. The Order of the Appellate Authority dtd. 5/4/2022 rejecting the appeal preferred by the petitioners on the ground that the delay in preferring the appeal of 819 days could not be condoned is also under challenge. The petitioners also challenges the Order dtd. 19/9/2022 by which review sought of the Order dtd. 5/4/2022 passed by the Appellate Authority was also rejected.

(2.) This litigation has a chequered history. On 27/7/2005 a complaint was filed by the respondent no.3 against some of the petitioners for cancellation of their COI. On 11/1/2006 the respondent no.2 held that the COI of those petitioners had not been fraudulently obtained. Thereafter, Educated Unemployment Youth of Regu seem to have filed another complaint. An inquiry was initiated once again by the respondent no.2 on 28/9/2005 which culminated in the respondent no.2 on 11/1/2006 holding that the COI of the petitioner no.5 and his family members are genuine.

(3.) The respondent no.3 seems to have filed yet another complaint against some of the petitioners and on 30/10/2006 the respondent no.1 cancelled the COI of Ganesh Kumar Pradhan and petitioner nos. 1 to 4. The respondent no.1 also directed the cancellation of land records/parcha issued in respect of Ganesh Kumar Pradhan issued on the basis of false COI with a further direction that Ganesh Kumar Pradhan may be given an opportunity to sell his land to a person having valid Sikkim Subject Certificate within a period of one month. By yet another Order dtd. 7/8/2008 the other petitioner's COI were also cancelled by the respondent no.1.