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Patna High Court - Orders

Devaki Devi @ Debaki Devi vs The State Of Bihar & Ors on 6 December, 2012

Author: Prakash Chandra Verma

Bench: Prakash Chandra Verma, Jayanandan Singh

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Letters Patent Appeal No.1841 of 2012
                     ======================================================
                     Devaki Devi @ Debaki Devi
                                                                               .... ....   Appellant
                                                       Versus
                     The State Of Bihar & Ors
                                                                            .... .... Respondents
                     ======================================================
                     Appearance :
                     For the Appellant    : Mr. Y.V.Giri, Sr. Advocate
                                            Mr. Raju Giri, Advocate
                     For the S.E.C.      :  Mr. Amit Srivastava &
                                            Mr. Girish Pandey, Advocates
                     For Respondent No.7 :  Mr. Baidyanath Prasad, Advocate
                     For the State       :  Mr. Dinbandhu Singh, G.P.9
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
                     VERMA
                                                  And
                             HONOURABLE MR. JUSTICE JAYANANDAN SINGH
                     ORAL ORDER

3       06-12-2012

In this letters patent appeal, the question of fact is involved and without deciding the same, appeal cannot be decided.

The facts relate to the question as to whether the appellant is Kurmi by caste or Dhanuk by caste. Therefore, caste of the appellant can only be verified authentically by the Bihar State Backward Commission.

We request the Chairman of the Commission to issue a certificate after thorough enquiry with regard to actual caste of the appellant after hearing the parties.

Put up after three weeks.

Meanwhile, status quo as of today shall be maintained.

(Prakash Chandra Verma, J) B.T/-

(Jayanandan Singh, J)