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Patna High CourtCWJC/5262/2023disposed

Radheshyam Thakur v. The State Of Bihar

2023-08-11The Chief Justice,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5262 of 2023 ====================================================== 1.

Radheshyam Thakur Son of Ram Nihora Thakur, Resident of Village-Harka Kalyan, P.O.-Harka Mansahi, P.S.-Minapur, District-Muzaffarpur, BIhar843128. 2.

Dharmendra Kumar Sharma Son of Ram Sagar Sharma Resident of VillageMathurapur Mukund, P.O.-Jagdishpur Baghnagari, P.S.-Sakra, DistrictMuzaffarpur, Bihar-843139. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Secretary, Department of General Administration, Govt. of Bihar, Patna.

3.

The Deputy Secretary, Department of General Administration, Govt. of Bihar, Patna.

4.

The District Magistrate Muzaffarpur.

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Respondent/s :

Mr. P.K. Shahi, Advocate General Mr. Amish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-08-2023 The prayer in the writ petition is to include Lohar caste as a separate caste and allot a separate caste code in the Caste Survey carried out by the State. It is also claimed that thus the Lohar caste may get facilities of reservation of Schedule Tribes.

2. The learned Advocate General points out that the

Patna High Court CWJC No.5262 of 2023 dt.11-08-2023 2/2 specific question was addressed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 1052 of 2021 titled as Sunil Kumar Rai & Ors v. State of Bihar & Ors.

3. In any event, considering the fact that the Caste Survey is now over, there is no sustainable claim for allotting a separate code in the survey initiated and concluded by the State of Bihar.

4. In such circumstances, the writ petition is closed. We have not stated anything on the merits.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) aditya/- AFR/NAFR CAV DATE Uploading Date 17.08.2023.

Transmission Date