Soumitra Pal, J. - (1.) This is an appeal arising out of an order passed by the learned Single Judge whereby the writ petition was dismissed by the following order: "Since my opinion, the writ application is not maintainable against the respondent-society which was registered under the Societies Registration Act, and hence the writ petitioner cannot have any right to file the instant writ application before this Court. Hence, the writ application is dismissed. There will be no order as to costs."
(2.) Mrs. Nag learned Advocate appearing on behalf of the appellant submitted that the order is per incuriam as the writ petition is maintainable against the Andaman Adim Janj ati Vikas Samiti ("Samiti" in short) in view of principles of law laid down in the judgement passed by the learned Single Judge in C.O. No.020 (W) of 1996 (T.A. Thomas vs. Chairman, Andaman Adim Janjati Vikas Samity & Ors.) where the respondents did not dispute that Samiti is a State within the meaning of Article 12 of the Constitution of India. The respondents had acted upon the said judgement and had complied the order. A copy of the order dated 30th August, 1996, showing compliance by the Samiti which was filed, is on record.
(3.) Opposing, Mr. Bahadur, learned Advocate for the respondents submitted that in view of the order passed in W. P. No.012 of 2005 (Balbir Singh vs. Andaman Adim Janjati Vikas Samity & Ors.), the writ petition is not maintainable and appeal should be dismissed.;