Manish Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18463 of 2017 ====================================================== 1.

Manish Kumar Minor Son of Mahendra Prasad Singh, under the guardiansip of his father, namely Mahendra Prasad Sin 2.

Krishna Kumar, Minor Son of Virendra Prasad, undet the guardianship of his father namely Virendra Prasad, Both are resident of Village Belaon, P.O. Kharenda, P.S. Belaon, Anchal Rampur, District Kaimur at Bhabhua. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

District Magistrate, Kaimuar at Bhabhua.

3.

Sub-Divisional Magistrate, Bhabhua, District Kaimur. 4.

Anchal Adhikari, Rampur Anchal, District- Kaimur at Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate Mr. Sripriya Sinha, Advocate For the Respondent/s :

Mr.Md. N. H. Khan, SC-1 Mr. Md. Harun Quareshi, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2023 Heard the learned counsel for the parties.

2.

It is not in dispute that a Caste Scrutiny Committee has been constituted in the State of Bihar, in pursuance to the direction issued by the Hon'ble Apex Court in the case of Kumari Madhuri Patil & Anr. vs. Additional Commissioner, Tribal Development & Ors., reported in (1994) 6 SCC 241, as modified vide judgment rendered by the Hon'ble Apex Court in the same case, reported in (1997) 5 SCC 437.

Patna High Court CWJC No.18463 of 2017(3) dt.26-09-2023 2/2 3.

In such view of the matter, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Caste Scrutiny Committee, Bihar, Patna, for redressal of their grievances, being aggrieved by the order dated 16.06.2017, passed by the Sub-Divisional Magistrate, Bhabua, directing for initiating proceedings for cancellation of the caste certificates issued to the petitioners. Liberty, so sought, is granted. 4.

It is made clear that in case, the petitioners approach the Caste Scrutiny Committee, Bihar, Patna, by filing appropriate petition within a period of four weeks from today, the learned Committee shall make endeavours to dispose off the same, by passing a reasoned and a speaking order, in accordance with law, within a period of 12 weeks, thereafter.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U