Md. Nizamuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18941 of 2014 ====================================================== Md. Nizamuddin son of MD. Naimuddin resident of Village - Jiwachhpur, P.O. - Harpatti, P.S. - Banmankhi, District - Purnea. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Collector and District Magistrate, Purnea. 4.

The Additional Collector, Purnea.

5.

The Sub-Divisional Magistrate, Banmankhi, District - Purnea. 6.

The Circle Officer, Banmnakhi, District - Purnea. 7.

Chandra Kishore Das son of Late Lakshmi Narayan Das resident of Village - Jiwachhpur, P.O. - Harpatti, P.S. - Banmankhi, District - Purnea. .. ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyanand Roy, Adv.

For the Respondent/s :

Mr.Sunil Kr. Mandal, SC-3 Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-05-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For quashing the impugned order dated 01.08.2013 passed by the Sub-Divisional Magistrate, Banmankhi District-Purnea in Miscellaneous Case No. 59M/2013 (Md.

Nizamuddin Vs. Chandra Kishore Das) as contained in Annexure-1, by which the application filed by the petitioner for holding that the caste certificate of respondent No. 7, Chandra Kishore Das as well as the reports submitted by the Executive Magistrate Banmankhi and the Circle Officer, Banmankhi on the basis of the

Patna High Court CWJC No.18941 of 2014(2) dt.15-05-2024 2/2 statement of the local people, ignoring the revenue records, holding that the respondent No. 7, Chandra Kishore Das is by caste Sinduria Bania, has been rejected and the caste certificate of respondent No. 7 and the reports submitted by the Executive Magistrate Banmankhi as well as the Circle Officer, Banmankhi have been held to be valid.

(ii). For holding that respondent No. 7, Chandra Kishore Das is by caste Kaithal Vaishya (Kaith Bania) which comes under the category of Other Backward Class (O.B.C.) according to the caste shown in the revenue records existing in the name of his ancestors, the authorities of the State Government issued wrong caste certificate showing him to be of Sinduria Bania caste, which comes under Extremely Backward Class (E.B.C.)."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U