Umesh Chandra Pandey And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13385 of 2017 ====================================================== 1.

Umesh Chandra Pandey Son of Sri Ramdeo Pandey, Resident of VillageSigri Bahuari, POlice Station-Ramnagar, Block-Ramnagar, District-West Champaran at Bettiah 2.

Ghanshyam Pandey Son of Sri Ramdeo Pandey, Resident of Village-Belwa Taulaha, Police Station-Ramnagar, Block-Ramnagar, District-West Champaran at Bettiah 3.

Rishiraj Pandey Son of Late Ramesh Chandra Pandey Resident of VillageBelwa Taulaha, Police Station-Ramnagar, Block-Ramnagar, District-West Champaran at Bettiah ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Human Resources, Government of Bihar, Patna.

2.

The Collector, West Champaran, Bettiah, District-West Champaran at Bettiah 3.

The Secretary, Bihar School Examination Board, Budh Marg. Patna 4.

The Head Master, Khrist Raja High School, Bettiah, District-West Champaran at Bettiah ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Respondent/s :

Smt. Binita Singh -SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-09-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State as well as Examination Board.

The dispute as to the date of birth of the petitioners are involved in the present case has lost its relevance on admission of the Examination Board that the entries as to the date of birth in the certificate issued by the Bihar School Examination Board is found genuine. Once, the certificate of

Patna High Court CWJC No.13385 of 2017(4) dt.06-09-2019 2/2 matriculation of petitioners are found to be genuine and verified by the Bihar School Examination Board, the respondents cannot question the date of birth and age of the petitioners to defeat the claim of separate units in the matter of allocation of land under the Bihar Land Reforms (Fixation of Sailing Area and Acquisition of Surplus Land Act).

Accordingly, the present writ application is allowed and the respondents are directed to accept the date of birth of the petitioners as mentioned in the matriculation certificate and decide their entitlement on the basis of date of entry in the matriculation certificate.

Necessary decision in this regard must be taken by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the writ application is allowed and disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U