SALAM USHA SINHA Vs. STATE OF MANIPUR AND ORS.
LAWS(GAU)-1994-6-23
HIGH COURT OF GAUHATI (FROM: IMPHAL)
Decided on June 06,1994

Salam Usha Sinha Appellant
VERSUS
State of Manipur and Ors. Respondents

JUDGEMENT

H.K. Sema, J. - (1.)PETITIONER is permanent resident of Khurkhul village in the State of Manipur. Khurkhul village is a recognised village where the members of Scheduled Caste 'Lois' are resided. Petitioner was born at Khurkhul village on 2.7.57. She married to one Shri Ngangbam Teban Singh of Khurkhul village on 13.6.86 according to the custom of 'Lois' after obtaining the approval of the elders of 'Lois' community.
(2.)THE petitioner's husband Shri Ngangbam Teban Singh is a member of Scheduled Caste 'Lois'. A Certificate from Pradhan, Khurkhul Gram Panchayat to the effect that the Petitioner married to Shri Ngangbam Teban Singh of Scheduled Caste 'Lois' according to the custom of 'Lois' after due observation of all formalities and after obtaining the approval of 'Lois' community was issued. (Annexure -2)
Petitioner applied to the District Magistrate Imphal for issuance of certificate that the Petitioner belongs to Scheduled Caste "Lois' and that the Petitioner had family, ordinarily resides in the village Khurkhul, District Imphal. The District Magistrate after holding necessary enquiry and verification by one Shri Kh. Leirijao, Parliamentary Secretary (Sports) and also local M.L.A., issued a Scheduled Caste certificate that the Petitioner belongs to 'Lois' community of Scheduled Caste by a certificate dated 4.7.87 (Annexure -3). The said certificate came to be cancelled by subsequent order dated 7.11.87 passed by the learned District Magistrate. (Annexure -5)

(3.)THE impugned order dated 7th November, 1987 runs as under:
No. DC (I)/1/253/Con/86. Whereas a caste certificate in the favour of Salam Usha Sinha w/o Ngangbam Teban Singh of Khurkhul of Imphal District was issued on 4.7.87 as she claimed to belong to the Lois Community on the identification and verification by the concerned Circle M. L.A.

Whereas on further verification it was revealed that she did not belong to the said Lois Community.

I, District Magistrate, hereby cancel the cast certificate issued in her favour on 4.7.87. However, Smt. Salam Usha Sinha will be given the opportunity to prove her claim of belonging to Lois Community (SC).

(Emphasis Supplied)

Given under my hand and seal this 7th day of November, 1987.'



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