Bengia Sagung and 2 Ors v. The State of Ap and 8 Ors

ORDER Date : 30.03.2023 Heard Mr. J. Saroh, learned counsel for the petitioner. Also heard Ms. K. Wangmo, learned Government Advocate representing respondents no. 1 to 6 and Mr. O. Pada, learned Public Prosecutor for the SIC representing respondents no. 8 & 9.

¶2The grievance of the petitioner in the instant writ petition is the enlistment of M/s Kenge Construction Co., E-SS Sector, Narba Colony, PO/PS: Itanagar, District: Papumpare, Arunachal Pradesh, the proprietor of whom is the respondent no. 7, as Class-IAA Contractor vide Enlistment of Contractors Order dated 4th August, 2021, issued by the Chief Engineer (CSQ), vide no. CEAP(CSQ)/W-48/IAA/01/2021-22/209; and the Schedule Tribe Certificate dated 15th March, 2017, issued by the ADC, Itanagar, Capital Complex, vide no. DC/ICC/ST/2017/21868, certifying the respondent no. 7 to belong to Nyishi tribe, which is recognized as Schedule Tribe (ST) of Arunachal Pradesh Page No.# 4/5 as well as the Permanent Residence Certificate (PRC) dated 9th November, 2017 issued in favour of respondent no. 7 by the ADC, Itanagar, Capital Complex, vide no. DC/ICC/PRC/2017/8031, certifying that the respondent no. 7 is a permanent resident of ESS Sector, PO/PS: Itanagar, Itanagar Circle, District: Papumpare, State of Arunachal Pradesh.

¶3The contention of the petitioner is that the respondent no. 7 is not a Schedule Tribe of Arunachal Pradesh and the Schedule Tribe Certificate and the Permanent Residence Certificate, mentioned above, have been wrongly issued by the ADC, Itanagar, Capital Complex and subsequently, M/s Kenge Construction Co., of which proprietor is respondent no. 7 could not have been registered as Class-IAA Contractor by the impugned Enlistment of Contractors Order dated 4th August, 2021, issued by the Chief Engineer

(CSQ), vide no. CEAP(CSQ)/W-48/IAA/01/2021-22/209.

¶4Whether the petitioner belongs to Schedule Tribe of Arunachal Pradesh or not as well as whether the petitioner is a permanent resident of ESS Sector, PO/PS: Itanagar, Itanagar Circle, District: Papumpare, State of Arunachal Pradesh, is a matter which can be determined by the Deputy Commissioner of the District.

¶5The petitioner in the instant case is not found to have submitted any representation for cancellation of the Scheduled Certificate as well as Permanent Residence Certificate of the respondent no. 7 to the concerned Deputy Commissioner.

¶6In view of the above, this writ petition is disposed of with a liberty granted to the petitioner to submit a representation to the Deputy Page No.# 5/5 Commissioner, Itanagar, Capital Complex, who had issued the Scheduled Tribe Certificate as well as Permanent Residence Certificate, in favour of the respondent no. 7 for cancellation, thereof.

¶7The writ petition is disposed of, in terms above. JUDGE Comparing Assistant

Page No.# 1/5 GAHC040012902022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 332/2022 1:Bengia Sagung and 2 Ors. S/o Shri Bengia Tangak R/o Pari Village PO/PS Koloriang Kurung Kumey District Arunachal Pradesh and presently residing at Lekha Tomru Village Doimukh PO and PS Doimukh P/Pare District (AP). Contact No. 9612032855 (m) 2: Lingdum Taging S/o Lt. Lingdum Tasuk R/o P Sector Nirjuli PO/PS Nirjuli Papum Pare District Contact No. 8413072797 (m) 3: Tai Abu S/o Late Tai Bunghi R/o Press Colony Papu Nallah PS Papu Hill PO Naharlagun Papum Pare District (AP). Contact No. 7628031388 (m) VERSUS Page No.# 2/5 1:THE STATE OF AP and 8 Ors. Represented through the Chief Secretary Civil Secretariat Itanagar PO and PS Itanagar 2:The Commissioner Public Work Department Civil Secretariat Itanagar PO and PS Itanagar Govt. of Arunachal Pradesh. 3:The Chief Engineer (CSQ) Public Work Department Itanagar Govt. of Arunachal Pradesh. 4:The Superintendent of Engineer (CSQ) O/o Chief Engineer (CSQ) PWD Itanagar Govt. of Arunachal Pradesh. 5:The Deputy Commissioner Itanagar Capital Complex Itanagar Govt. of Arunachal Pradesh. 6:The Additional Deputy Commissioner Itanagar Capital Complex Itanagar Govt. of Arunachal Pradesh. 7:Ha Tatu S/o Late Ha Tama R/o ESS Sector Narba Colony Itanagar PO and PS Itanagar Papum Pare District 8:The Superintendent of Police Special Investigation Cell (Vigilance) Civil Secretariat Page No.# 3/5 B Itanagar 9:The Officer in Charge Special Investigation Cell (Vigilance) Itanagar Advocate for the Petitioner : Nalo Pada Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA