Disposed

Shri Devi v. The State Of Bihar and Ors.

Patna HC8 May 2017L.P.A/703/2017

Case brief

AI extract

What is this about?

This Letters Patent Appeal was disposed of. The Court held that interference by the Writ Court was not called for regarding the cancellation of caste certificate. The Court directed the petitioner to approach the Caste Scrutiny Committee and dismissed the prayer against the State Election Commission as no final order had been passed, granting liberty to approach the Commission if the Committee dec

What did the court decide?

The appeal stands disposed of. Liberty granted to the petitioner to approach the State Election Commission if the Caste Scrutiny Committee decides favorably.

Shri Devi Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.703 of 2017 IN

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Civil Writ Jurisdiction Case No. 12879 of 2016

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=========================================================== Shri Devi wife of Sri Sunil Prasad, resident of village and PO Telhara, PS Telhara, District Nalanda at Biharsharif, presently Mukhiya of Gram Panchayat Raj, Keshopur, Block Ekangarsarai, District Nalanda at Biharsharif

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.... .... Appellant/s

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Versus

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

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The Principal Secretary, General Administration

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.... .... Respondent/s

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=========================================================== Appearance : For the Appellant : Mr. S.B.K. Manglam, Advocate For the State : Mr. P.K. Verma, AAG-3

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Dr. Mankeshar Tiwari, AC to AAG-3

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For State Election Commission: Mr. Amit Shrivastava, Advocate

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Mr. Girish Pandey, Advocate

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=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 08-05-2017

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Having heard learned counsel for the parties, we find that

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in the matter of cancellation of caste certificate of the petitioner interference by the Writ Court was not called for and the learned Writ Court has rightly refused to interfere into the matter as it was based on a finding of fact recorded in an enquiry conducted.

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That apart now with regard to the social status of the

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Patna High Court LPA No.703 of 2017 dt.08-05-2017

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petitioner, in case the petitioner has any grievance, the petitioner should raise the issue before the Caste Scrutiny Committee constituted by the State Government in accordance to the law laid down by the Supreme Court in the case of Kumari Madhuri Patil vs. The Additional Commissioner Tribal Development and others (1994) 6 SCC 241 and in case the petitioner raises a complaint or files a representation before the Scrutiny Committee, the Scrutiny Committee shall proceed to decide the claim of the petitioner and determine the social status of the petitioner in accordance to law after hearing all concerned within a period of one month.

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That apart the prayer made by the petitioner for restraining the State Election Commission from proceeding in the matter, the same cannot be considered at this stage as the State Election Commission has already ceased of the matter and has not passed any final order in a proceeding pending before it under Section 136(2) of the Gram Panchayat Raj Act. The petitioner’s cause of action for the same will accrue after final order was passed by the State Election Commission. At this stage, this question need not be looked into.

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In case a favourable decision is taken by the Caste Scrutiny Committee, the petitioner shall have the liberty to approach the State Election Commission for reconsideration.

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Patna High Court LPA No.703 of 2017 dt.08-05-2017

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With the aforesaid observations and liberty to the

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petitioner, the appeal stands disposed of.

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(Rajendra Menon, CJ)

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(Sudhir Singh, J)

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Narendra/-

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AFR/NAFR	N.A.F.R.
CAV DATE	N.A.
UploadingDate	13.05.2017
Transmission Date

Shri Devi v. The State Of Bihar and Ors.

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Shri Devi v. The State Of Bihar and Ors.

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