Patna High CourtCWJC/2484/2017disposed

Dilip Kumar Mandal v. The State Of Bihar And ORS

2018-09-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2484 of 2017 ====================================================== Dilip Kumar Mandal, Son of Late Vokil Mandal, Resident of Village -Bhutaha Bari, P.S.-Manihari, District-Katihar.

... ... Petitioner

Versus

1. The State of Bihar, through Principal Secretary, G.A.D, Patna.

2. The District Magistrate, Katihar.

3. The Sub-Divisional Officer, Sadar, Distt-Katihar.

4. The Block Development Officer, Block-Manihari, Distt.-Katihar.

5. The Circle Officer, Block-Manihari, Distt.-Katihari. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv.

For the Respondent/s :

Mr. Partha Sarthi- GA 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-09-2018 Heard Mr. Jitendra Kumar Giri, learned counsel for the petitioner and Mr. Nagendra Kumar, learned AC to GA 4 for the respondent-State.

The present writ application has been filed for quashing the Letter No. 1808, dated 23.12.2016, passed in Miscellaneous Case No. 43 of 2016-17, by Respondent No.4, Circle Officer, Manihari, as contained in Annexure 3, whereby the caste certificate, issued in favour of the petitioner, vide Caste Certificate Case No. 1274, dated 21.06.2012, as contained in Annexure-1, treating the petitioner, as belonging to Kishan Caste, under Schedule Tribe Category, has been cancelled on the ground that the sister of the petitioner belongs to Haldhar caste, which is not included in the list of schedule tribes

Patna High Court CWJC No.2484 of 2017(2) dt.17-09-2018 2/2 category.

In view of the fact that Caste Scrutiny Committee (hereinafter referred to as 'the Committee') at the State level has already been constituted in view of the judgment passed in Kumari Madhuri Patil and Anothers Vs. Additional Commissioner, Tribal Development and Others, reported in (1994) 6 SCC 241, the petitioner is permitted to file an application before the Committee for redressal of his grievance within a period of three weeks from the date of receipt/production of a copy of this order, whereupon, the Committee will decide the issue with regard to caste of the petitioner within a reasonable time frame.

With the above observation and direction, the present writ application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U