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Patna High CourtCWJC/7902/2015disposed

Atul Kumar Jhunjhunwala v. The State Of Bihar And ORS

2015-07-14Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7902 of 2015 =========================================================== Atul Kumar Jhunjhunwala, son of late Bimal Kumar Jhunjhunwala, resident of Satyanarayan Mandir Road, Naugachia, P S - Naugachia, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, General Welfare Department, Government of Bihar.

2. The Joint Secretary, General Welfare Department, Government of Bihar.

3. The District Magistrate cum Collector, Bhagalpur.

4. The Sub-Divisional Officer, Naugachia, District - Bhagalpur.

5. The Circle Officer, Naugachia, District - Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashish Giri For the Respondent/s : Mr. KINKAR KUMAR =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 14-07-2015 Law is already laid down by the Hon`ble Supreme Court in Kumari Madhuri Patil's case and pursuant thereto the General Administration Department, Government of Bihar, has issued a resolution which has been brought on record. This is the mechanism by virtue of which the cancellation or otherwise with regard to dispute of the caste certificate is required to be adjudicated and decided.

If this be so, the order of cancellation of caste certificate passed by the Sub Divisional Magistrate, Naugachia, contained in Annexure-5, is hereby set aside.

However, the matter is ordered to be referred to the

Patna High Court CWJC No.7902 of 2015 dt.14-07-2015 2 / 2 Committee in terms of Annexure-6 by the Sub Divisional Magistrate, Naugachia for adjudication. He must forward the request along with the materials at his command within a period of two weeks from today. The authorities saddled with the responsibility in terms of Annexure-6 must adjudicate the matter if the petitioner cooperates, within a period of four months from the date of reference so made. Writ application stands disposed of with above direction. This order will be communicated by the State counsel to the Sub Divisional Magistrate, Naugachia, for his knowledge. (Ajay Kumar Tripathi, J) R.K.Pathak/- U