PARTHA DAS @ PARTHA KUMAR DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this intra court appeal, the appellant has challenged the legality and propriety of the judgment and order dated 20.11.2012 passed by the learned Single Judge declined to interfere with the impugned orders dated 30.07.2012 and 31.07.2012 cancelling and confiscating SC certificate issued in favour of the writ petitioner, appellant herein [orders of the State Level Scrutiny Committee constituted as per the provisions contained in Rule7A of the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992 (as amended up to May, 2007)]. Facts in brief:

(2.) The writ petitioner-appellant (hereinafter referred to as the petitioner) has filed the writ petition stating, inter alia, that he belongs to "Jalia Kaibarta", a recognised community as Scheduled Caste in the State of Tripura. The father and the forefather of the petitioner hailed from the village Hiradabad, sub-division, Brahmanbaria of the then East Pakistan. The village Hiradabad was mostly populated by "Jalia Kaibarta" community and it was one of the "choudda Mouja" i.e. 14 (fourteen) villages of then East Pakistan which were dominated by "Jalia Kaibarta" community. Lt. Sitanath Das was the grand-father of the petitioner and the petitioner claims that he was a fisherman by profession who also born and brought up at village Hiradabad under Brahmanbaria district of the Republic of Bangladesh and that after partition of the country, Lt. Sitanath Das migrated to Calcutta, presently, Kolkata and then to Tripura and ultimately settled in Tripura.

(3.) It is the claim of the petitioner that his father immediately after partition went to Kolkata and was worker in Royal Press but in the first part of 1960 he shifted to Agartala and procured a job at the then Kohinoor Press, Motor Stand, Agartala.