Nazmool v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17863 of 2016 ====================================================== Nazmool, Son of Late Abdul Aziz, Resident of Village- Aithi Chopra, P.S.- Bayisee, District- Purnea.

... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Revenue Government of Bihar, Patna.

2. The Collector, Purnea.

3. The Sub Divisional Officer, Bayisee, Purnea.

4. The Circle Officer, Bayisee, Purnea.

5. The Circle Inspector, Bayisee.

6. Mahelaka, Wife of Abu Sayeed, Resident of Mobaiya, P.S.- Bayisee, DistrictPurnea. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Upadhyay For the Respondent/s :

Mr. (MD.) Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-12-2017 Heard Mr. Mithilesh Kumar Upadhyay, learned counsel for the petitioner and Mr. Nutan Sahay, learned AC to AAG-12 for the respondent-State.

The present writ application has been filed for a direction to the respondent authorities to conduct an enquiry with regard to grant of caste certificate of respondent no.6. However, learned counsel for the petitioner, at present, confines his prayer only for disposal of the representation dated 12.03.2016 submitted before the District Election Officer, Purnea. It is submitted by learned counsel for the petitioner that in fact this representation was submitted prior to the election of

Patna High Court CWJC No.17863 of 2016(2) dt.15-12-2017 2/2 Panchayat, as contained in Annexure-6 to the supplementary affidavit, but in the representation, it was mentioned as District Magistrate, Purnea.

A counter affidavit has been filed on behalf of respondents with specific stand that the petitioner has started raising objection with regard to caste certificate of the petitioner after he lost Panchayat election at the hands of respondent no.6. Without entering into the merits of the case, the present writ application is disposed of with liberty to the petitioner to submit a representation before the competent authorities within a period of four weeks. The entire issue shall be looked into and the appropriate order be passed after giving due opportunity of hearing to all affected persons in accordance with the law, within a period of two months of submission of application. (Dinesh Kumar Singh, J) Amrendra/- U