Indal Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1601 of 2018 In Civil Writ Jurisdiction Case No.19766 of 2014 ====================================================== Indal Kumar son of Sri ram Narain Thakur, Agriculture, Bhagwanpur Panchayat, Block Riga, District- Sitamarhi, Resident of village Panchaur, P.o.P.S. and Block- Riga, District- Sitamarhi. ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Sitamarhi 3.

The District Agriculture Officer, Sitamarhi 4.

The District Uddyan Officer, Sitamarhi.

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

For the Appellant/s :

Mr. Vijay Kumar Mishra For the Respondent/s :

Mr. Sarvesh Kumar Singh- AAG 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 05-07-2022 The present Appeal is directed against the order passed by the learned single Judge on 17th July, 2018. The petitioner was aggrieved by his cancellation of his selection as Agriculture Advisor of Bhagwanpur Panchayat, Block Riga, District Sitamarhi.

Counter affidavit was filed in which specific stand was taken that Agriculture Advisor for the Panchayat in question was reserved by roster for Most Backward Category. The petitioner had submitted a caste certificate issued by the Anchal

Patna High Court L.P.A No.1601 of 2018(5) dt.05-07-2022 2/2 Adhikari, Riga where he was shown to belonging to Lohar under MBC category. The issue was enquired into and a report was submitted by the District Welfare Officer, Sitamarhi. It was found by Resolution No. 1170 dated 25.03.2010 that caste Lohar was not under MBC category and was under Backward Category only in the year 1999. The petitioner was also asked to produce caste certificate issued by the BDO but he produced certificate by Anchal Adhikari.

On due consideration of the matter, the claim of the petitioner was found baseless and unsustainable by the Writ Court and the same was dismissed.

We find no infirmity with the order passed by the learned single Judge. Accordingly, the present Letters Patent Appeal stands dismissed.

(Rajan Gupta, J) ( Shailendra Singh, J) Anjani/- U