BHIM BAHADUR KAMI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioners are aggrieved by the impugned Order dtd. 17/12/2019 issued by the Additional District Magistrate-cum-Additional District Collector, Headquarters, East District, at Gangtok (Respondent No.3), in COI Case No.27/DM/East of 2018 (Nim Pincho Bhutia v. Bhim Bahadur Kami), whereby the Certificate of Identification (COI) issued to each of the Petitioners was cancelled. The Judgment/Final Order dtd. 13/10/2020, issued by the Appellate Authority, Land Revenue and Disaster Management Department (Respondent No.2), upheld the impugned Order supra in Appeal Case No.01 of 2020. The Petitioners are before this Court, assailing both.

(2.) (i). A brief factual narrative is essential for a just determination of the matter. The Petitioners claim to be descendants of one Late Gumaney Kami and his wife Late Echu Maya, the Petitioner No.1 being the son of the said persons, while the Petitioners No.2 to 6 claim to be their grandsons, being the sons of the Petitioner No.1. Gumaney Kami undisputedly was a Sikkimese, holding a Sikkim Subject Certificate (SSC) bearing Sikkim Subject Register Serial No.32, Volume Number II, under Block Sajong, issued on 6/11/1967. As per the Petitioners, around 1943-44, Gumaney married Echu Maya and from the wedlock had four sons and two daughters. From the four sons, two passed away while the youngest son lives in Tadong, Gangtok, the Petitioner No.1 is the other son. That, Gumaney Kami was a Scheduled Caste of the Sikkimese Nepali community known variously by the surnames of "Biswakarma", "Lohars" or "Sunars". That, "Kamis" also have several "Thars" (sub-castes) and Gumaney Kami belonged to the "Rasaily" (sub-caste).

(3.) Respondents No.1, 2, 3 and 4 contested the Petition and in a joint return averred that Respondent No.5 in her Complaint alleged that many fake COIs had been issued to individuals claiming to be descendants of Gumaney Kami, while the Respondent No.6 claimed that the Petitioner No.1 had fraudulently acquired COI for himself and his sons claiming to be the son of Gumaney Kami. That, copies of the Complaints were made over to the Petitioner No.1 and in order to ensure a fair trial, on 24/9/2019 accompanied by the Court Peshkar, Respondent No.3 visited the "Panchayat Ghar" at Sajong, East Sikkim and examined the local public and senior citizens of the area. That, the Petitioner No.1 fraudulently obtained Panchayat recommendation in the year 1998 from Naitam-Nandok Gram Panchayat on a misrepresentation of facts. The Panchayat which in the first instance lacked jurisdiction to issue the recommendation as Gumaney Kami's name was recorded under the Sajong Block and not under Naitam-Nandok. That, the Petitioner No.1 is not the son of Gumaney Kami as neither his nor his mother's name are found to be recorded in the Register of Sikkim Subjects Certificate. That, the Writ Petition thereby deserves a dismissal.