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2025 DAILYLAW 17431 (GAU)

GAURAV UPADHYAY v. THE STATE OF ASSAM AND 8 ORS

I.A.(Civil)/1797/2021 · 2025-07-29

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010177252021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1797/2021 In WP(C)/4523/2020 GAURAV UPADHYAY S/O- LT. SHYAM SUNDAR UPADHYAY, R/O- SILPUKHURI, GUWAHATI, ASSAM, PIN- 781003. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR GUWAHATI 06 2:THE SECY. TO THE GOVT. OF ASSAM WPT AND BC DEPTT. DISPUR GHY- 6. 3:THE DY. COMMISSIONER KAMRUP (M) GUWAHATI- 1. 4:THE CRIMINAL INVESTIGATION DEPARTMENT ASSAM POLICE ULUBARI GHY- 5. 5:THE PRESIDENT ALL ASSAM TRIBAL SANGHA TRIBAL REST HOUSE SOLAPAR PALTANBAZAR GHY- 8. Page No.# 2/6 6:MISS DIVYANA A. LAHAN (MINOR) REP. BY HER MOTHER SMT. LEENA DOLEY R/O- E/VI ZONE - II POLICE QUARTERS DR. B.K. KAKATI ROAD ULUBARI GHY- 7. 7:MASTER AAYANG L. LAHAN (MINOR) REP. BY HER MOTHER SMT. LEENA DOLEY R/O- E/VI ZONE - II POLICE QUARTERS DR. B.K. KAKATI ROAD ULUBARI GHY- 7. 8:SMT. LEENA DOLEY W/O- LT. NILOTPAL LAHAN R/O- E/VI ZONE - II POLICE QUARTERS DR. B.K. KAKATI ROAD ULUBARI GHY- 7. 9:THE STATE LEVEL CASTE SCRUTINY COMMITTEE ASSAM REP. BY ITS CHAIRMAN OFFICE OF THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM WPT AND BC DEPTT. DISPUR GUWAHATI-6 Advocate for the Petitioner : MR. N J KHATANIAR, MR. C PAUL,MR BHARGAV DAS,MR. K P PATHAK Advocate for the Respondent : GA, ASSAM, SC, WPT AND BC Linked Case : WP(C)/4523/2020 GAURAV UPADHYAY S/O- LT. SHYAM SUNDAR UPADHYAY R/O- SILPUKHURI Page No.# 3/6 GUWAHATI ASSAM PIN- 781003. VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR- 781006 ASSAM. 2:THE SECY. TO THE GOVT. OF ASSAM WPT AND BC DEPTT. DISPUR GHY- 6. 3:THE DY. COMMISSIONER KAMRUP (M) GUWAHATI- 1. 4:THE CRIMINAL INVESTIGATION DEPARTMENT ASSAM POLICE ULUBARI GHY- 5. 5:THE PRESIDENT ALL ASSAM TRIBAL SANGHA TRIBAL REST HOUSE SOLAPAR PALTANBAZAR GHY- 8. 6:MISS DIVYANA A. LAHAN (MINOR) REP. BY HER MOTHER SMT. LEENA DOLEY R/O- E/VI ZONE - II POLICE QUARTERS DR. B.K. KAKATI ROAD ULUBARI GHY- 7. 7:MASTER AAYANG L. LAHAN (MINOR) REP. BY HER MOTHER SMT. LEENA DOLEY R/O- E/VI ZONE - II POLICE QUARTERS DR. B.K. KAKATI ROAD Page No.# 4/6 ULUBARI GHY- 7. 8:SMT. LEENA DOLEY W/O- LT. NILOTPAL LAHAN R/O- E/VI ZONE - II POLICE QUARTERS DR. B.K. KAKATI ROAD ULUBARI GHY- 7. 9:THE STATE LEVEL CASTE SCRUTINY COMMITTEE ASSAM REP. BY ITS CHAIRMAN OFFICE OF THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM WPT AND BC DEPTT. DISPUR GUWAHATI-6. ------------ Advocate for : MR. A M BORA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Linked Case : I.A.(Civil)/1798/2021 In WP(C)/4523/2020 GAURAV UPADHYAY S/O- LT. SHYAM SUNDAR UPADHYAY R/O- SILPUKHURI GUWAHATI ASSAM PIN- 781003. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI - 06 2:THE SECY. TO THE GOVT. OF ASSAM WPT AND BC DEPTT. DISPUR Page No.# 5/6 GHY- 6. 3:THE DY. COMMISSIONER KAMRUP (M) GUWAHATI- 1. 4:THE CRIMINAL INVESTIGATION DEPARTMENT ASSAM POLICE ULUBARI GHY- 5. 5:THE PRESIDENT ALL ASSAM TRIBAL SANGHA TRIBAL REST HOUSE SOLAPAR PALTANBAZAR GHY- 8. 6:MISS DIVYANA A. LAHAN (MINOR) REP. BY HER MOTHER SMT. LEENA DOLEY R/O- E/VI ZONE - II POLICE QUARTERS DR. B.K. KAKATI ROAD ULUBARI, GHY- 7. 7:MASTER AAYANG L. LAHAN (MINOR) REP. BY HER MOTHER SMT. LEENA DOLEY R/O- E/VI, ZONE - II POLICE QUARTERS DR. B.K. KAKATI ROAD ULUBARI, GHY- 7. 8:SMT. LEENA DOLEY W/O- LT. NILOTPAL LAHAN R/O- E/VI ZONE - II POLICE QUARTERS DR. B.K. KAKATI ROAD ULUBARI GHY- 7. 9:THE STATE LEVEL CASTE SCRUTINY COMMITTEE ASSAM REP. BY ITS CHAIRMAN OFFICE OF THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM WPT AND BC DEPTT. Page No.# 6/6 DISPUR GUWAHATI-6. ------------ Advocate for : MR. N J KHATANIAR Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 30-07-2025 Heard Shri K. P. Pathak, learned counsel for the petitioner/applicant. Also heard Shri S. S. Roy, learned State Counsel; Shri R. Dhar, learned counsel appearing for respondent nos. 2 & 9 as well as Shri N. Patiri, learned counsel appearing for the respondent nos. 6 & 7. The cause of action for filing this petition was mainly for cancellation of the caste certificate issued in favour of the respondent nos. 6 & 7. The learned counsel has however informed that the matter was subsequently taken up by the appropriate committee in accordance with the direction of the Hon’ble Supreme Court passed in the case of Kumari Madhuri Patil & Anr. Vs Addl. Commissioner, Tribal Development and Ors. reported (1994) 6 SCC 241 and decisions were taken. It has also been informed that the outcome of the said adjudication is the subject matter in another writ proceeding which is presently before the Division Bench in a writ appeal. In view of the said development, this Court is of the opinion that there is no existing cause of action to be adjudicated in this petition. Accordingly, the writ petition as well as the connected IAs are closed. JUDGE Comparing Assistant