WP(C) 589/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. A. Mannaf, learned Counsel for the petitioners, Mr. Ra hman, learned State Counsel and Mr. Khound, learned Standing Counsel, Bodoland T erritorial Council (for short hereafter referred to as the Council). According to the petitioners, they had been engaged by the State authorities prior to 1/4/1993 as casual workers and since then they had been se rving under the North Kamrup Forest Division, Rangia. With the formation of the Bodoland Autonomous Council, this range got merged with the Dhansiri Forest Divi sion, Udalguri, within the territorial limits thereof. Thereafter, lists of casu al workers were prepared from time to time in which, the petitioners claim, thei r names were empanelled. As their names did not appear in the final list of 389 casual workers prepared by the Council though they continued to serve as before, seeking redress, they are before this Court. The Council in its affidavit has in substance pleaded that the petitioners are n ot working presently and that their statement that a list of casual workers incl uding their names had been forwarded by the Divisional Forest Officer, North Kam rup Division, to it is untrue. The Council has also annexed a chart of the casua l workers working under various ranges under it. Against Kumarikata Range though the names of the petitioners appear but they have been shown to be presently n ot working . Whereas the learned Counsel for the petitioners submits that as per the contemporaneous records they (petitioners) have been rendering their ser vices since before 1/4/1993, Mr. Khound has urged that having regard to the upda ted service particulars of the casual workers under the Council, it is apparentl y not so. Two irreconcilable propositions, therefore, surface from the ple adings of the parties. In this view of the matter, this Court in the exercise of its writ jurisdiction considers itself to be ill equipped to probe into the dis puted facts to resolve the controversy. It is more so as it is apparent that a t hreadbare factual scrutiny would be warranted to unearth the correct state of af fairs. It is, therefore, considered expedient to close this proceeding with a di rection to the Commissioner and Secretary to the Government of Assam, Forest Dep artment, to cause necessary steps to be taken forthwith to identify an impartial and dispassionate authority and to entrust to it the responsibility of undertak ing an enquiry into the necessary facts to determine as to the correctness or ot herwise of the stand taken by the petitioners and the Council as the case may be . Ordered accordingly. The authority entrusted with the exercise should complete the same within a peri od of six weeks from the date of being assigned the responsibility therefor and submit a report of his findings with the Commissioner and Secretary, Forest Depa rtment, Government of Assam. Depending on the findings, the said authority actin g in consultation with the Council would take an appropriate decision vis-à-vis the petitioners’ claim in accordance with law. The exercise as indicated hereina bove should be completed within a period of three months from today. The petitio n stands disposed in the above terms. No costs. A copy of this order be furnishe d to Mr. Khound and Mr. Rahman so as to enable them to do the needful. No costs.