Md. Sharif v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4401 of 2016 ===========================================================

1. Md. Sharif son of Late Hamid Hussain Resident of village - Darhar, Police Station - Nauhatta, District - Saharsa.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Union of India through the Registrar General and Census Commissioner of India, New Delhi.

3. The Director of Census Operations, Jawala Bhawan, East Boring Canal Road, Patna, Bihar.

4. The District Magistrate, Saharsa.

5. The Block Development Officer cum Incharge Officer N.P.R. Block Nauhatta, District - Saharsa.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sajid Salim Khan, Advocate For the Respondent State: Mr. Saroj Kumar Sharma, AC to AAG-5 For the Union of India : Mr. S.D.Sanjay, Addl. S.G. =========================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) Date: 13-05-2016 Heard Mr. Sajid Salim Khan, learned Counsel for the petitioner, and Mr. Saroj Kumar Sharma, learned AC to AAG-5, appearing for the State respondents.

Considering the fact that Rule 4(5)(b) of the Registration of Citizens and Issue of National Identity Cards, Rules, 2003, provides for raising objection by the persons, whose names have not been included in the National Population Register, we are of the view that this Public Interest Litigation cannot be proceeded with inasmuch as

Patna High Court CWJC No.4401 of 2016 dt.13-05-2016 the affected persons can make their application/representation to the respondent No.3, namely, Director of Census Operations, Patna. If any such application/representation is made, respondent No.3, namely, Director of Census Operations, Patna, shall deal with the same in accordance with law by making speaking order(s). The exercise, so directed, shall be completed within a period of six weeks from the date of receipt of the application/representation by the respondent No.3.

With the above observations and directions, this writ petition is disposed of.

(I. A. Ansari, ACJ) (Samarendra Pratap Singh, J) A.I./- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.05.2016 Transmission Date NA