Lalit Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 4464 of 2021 ====================================================== Lalit Das Son of Ram Prasad Das Resident of Village- Bahera Zahidpur, P.S.- Nanpur, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Bihar, Patna. 2.

The Distt. Magistrate Sitamarhi.

3.

The Sub- Divisional Magistrate Pupri, Distt.- Sitamarhi. 4.

The Block Development Officer Nanpur, Distt.- Sitamarhi. 5.

The Circle Officer Nanpur, Distt.- Sitamarhi. 6.

Gautam Prasad Kakkar Son of Suresh Prasad Kakkar Resident of VillageBahera, P.S.- Nanpur, Distt.- Sitamarhi. ... ... Respondent/s ====================================================== For the Petitioner/s :

Mr Devendra Kumar, Advocate For the Respondent/s :

Mr Dhurjati Kumar Prasad, GP XIV ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH) 21-01-2022 This case has been taken up for online hearing through video-conference because of COVID 19 pandemic restrictions.

Heard learned counsel for the petitioner and the respondents.

The petitioner had contested election for the post of Mukhiya of Gram Panchayat Bahera Zahidpur in the district of Sitamarhi on the basis of his caste certificate belonging to Sinduriya Baniya, which falls in Extremely Backward Class category. After his election, certain disputes were raised concerning the validity of said caste certificate on the basis of

Patna High Court CWJC No.4464 of 2021(2) dt.21-01-2022 2/2 which he had contested the election.

The petitioner has put to challenge, in the present writ application, a letter dated 16.01.2020, written by the District Panchayat Raj Officer to the Block Development Officer, Nanpur, where the said Gram Panchayat is situate. By the said letter, the District Panchayat Raj Officer, Sitamarhi has merely sought action taken report on certain representations filed against the petitioner's caste status. The said communication seeking report, in our opinion, does not require interference at this stage. It, further, appears that the matter is being enquired into. It also appears that the petitioner has submitted his explanation to explain his position. Furthermore, the petitioner's term as Mukhiya of Gram Panchayat has also come to an end.

For the reasons mentioned above, we do not find any merit in this application.

This writ application is dismissed accordingly. (Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) M.E.H./- U