Smt. Indira Sinha v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 2027 of 2017 Arising out of Civil Writ Jurisdiction Case No. 12897 of 2016 ====================================================== Smt. Indira Sinha, Wife of Prabhu Lal Mahto, Resident of Village- Saidpur, Post- Rahimpur, P.S. Sonepur, Block- Sonepur, District- Saran. .... .... Petitioner/s

Versus

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

2. The District Magistrate-cum- District Election Officer, Saran.

3. The Circle Officer, Sonepur, Saran.

4. The Bihar State Election Commission through the Secretary, Bihar, Patna.

5. The Bihar State Election Commission, Patna.

6. Sadhu Sah, Son of Late Haribansh Sah, Resident of Village- Gheghta, P.S. Sonepur, District- Saran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State.

2. The present application has been filed seeking modification of the order dated 18.04.2017 passed in C.W.J.C. No. 12897 of 2016 in the case of Smt. Indra Sinha vs. The State of Bihar & Ors.

3. Learned counsel for the petitioner submitted that the Court had permitted the petitioner to withdraw the writ application to approach the Civil Court of competent jurisdiction for a declaration with regard to her caste being Dangi. It was

Patna High Court MJC No.2027 of 2017 (2) dt.08-11-2017 2/2 submitted that the petitioner has two other options before her; one of moving before the Caste Scrutiny Committee and the other before the authority which in law is empowered to issue the caste certificate. It was submitted that the order be modified to the extent that the petitioner be given liberty to move before any forum which she chooses.

4. Having considered the matter, the Court is inclined to partly allow the prayer of the writ petitioner. Accordingly, the application stands disposed off with modification in the 4th pargarpah of the order dated 18.04.2017 in C.W.J.C. No. 12897 of 2016, giving further liberty to the petitioner that she can also move afresh before the authority itself which issues the caste certificate. If such an application is filed, the same has to be considered on the basis of materials produced before the issuing authority and in accordance with the Government guidelines, especially that of the Department of General Administration.

(Ahsanuddin Amanullah, J.) P. Kumar U