Ram Bahadur Paswan, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5124 of 2020 ====================================================== Ram Bahadur Paswan, Son of Saukhi Paswan, resident of village Gauri gama P.S. Runni Saidpur District Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2.

The Under Secretary, Department of Home, Govt. of Bihar, Patna. 3.

The District Magistrate, Sitamarhi.

4.

The S.D.O., Sitamarhi Sadar, Sitamarhi.

5.

The Incharge Deputy Collector, Collectorate, Sitamarhi. 6.

The Officer-in-charge, Runni Saidpur Police Station, Runni Saidpur District Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Nivedita Nirvikar, Sr. Adv.

Ms. Supragya, Adv.

For the State :

Mr. Shailesh Kumar (AC to GP-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-04-2024 Heard learned senior counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the order dated 07.06.2017 issued vide letter No. 653 (annexed as Annexure-6) by The Incharge Deputy Collector, Collectorate, Sitamarhi (respondent no.5).

3. Learned counsel for the petitioner submits that the order contained in Annexure-6 has been passed without any reason and without any basis. Counsel further submits that the petitioner has earlier moved before this Hon'ble Court in Civil

Patna High Court CWJC No.5124 of 2020(3) dt.20-04-2024 2/2 Writ Jurisdiction Case No.17770 of 2014 dated 16.03.2016 (annexed as Annexure-4) in which this Hon'ble Court has pleased to observe to take cognizance of Annexure-5 within a period of three months and thereafter, this order has been passed. Counsel further submits that the basis of the order is the report of Civil Surgeon-cum-Chief Medical Officer, Sitamarhi, but the said report has not been provided to the petitioner.

4. In this background, it is directed to The District Magistrate, Sitamarhi (respondent no.3) that a copy of the Civil Surgeon-cum-Chief Medical Officer, Sitamarhi relating to ascertainment of age of the petitioner be provided to the petitioner so that the petitioner may challenge the same before the appropriate forum. It is made clear the those documents has to be provided within four weeks from the date of end of general elections of Lok Sabha, 2024.

5. Accordingly, with the aforesaid observations and directions, this writ petition is hereby disposed off. (Dr. Anshuman, J.) Divyansh/- U