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Jahedi Begum vs The State Of Bihar & Ors on 21 September, 2012

Author: Shiva Kirti Singh

Bench: Shiva Kirti Singh, Shivaji Pandey

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.1271 of 2012
                  ======================================================
                  Jahedi Begum
                                                                         .... .... Appellant
                                                   Versus
                  The State Of Bihar & Ors
                                                                      .... .... Respondents
                  ======================================================
                  Appearance :
                  For the Appellant/s     : M/s. Rajeeva Raoy
                                                  Rajendra Prasad Sah, Advocates
                  For the Respondent no.2 : Mr. Amit Srivastava, Advocate
                  For the State           : Mr. Krishna Murari Prasad, AS to SC.I.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH
                             and
                             HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                  ORAL ORDER
                  (Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH)

2.   21-09-2012

Learned counsel for the appellant submits that repeated inquiries have disclosed that the appellant belong to caste Idrisi Darjee which justifies the caste certificate issued to her on the basis whereof she contested the election as E.B. candidate and was successful.

According to learned counsel, the Commission could not have given over-riding importance to the title 'Sheikh' which was allegedly used by some ancestor as per record of rights (Khatian). According to the appellant, such title may have been incorporated on account of mistake or might have been assumed by one of the ancestor with a view to gain acceptance in the higher sections of Mohammadan community to which caste 'Sheikh' belongs.

In nut shell, the submission of learned counsel for the appellant is that title of a person recorded in the khatian can not be absolute determining factor of the caste which is always the subject matter of verification from the people of the area to which the person belongs.

Learned counsel for the State Election Commission has submitted that the Commission has taken note of policy decision of the State Government which has been reiterated in the Circular of General Administrative Department dated 8th March, 2011 which has also been published in the Bihar Gazette Extra Ordinary issue dated 9th March, 2011.

No doubt, the circular stipulates that for issue of caste certificate, some documents such as revenue records and related documents of landed property etc; may be treated as sufficient and in case no such document is available, then report prepared after local inspection may constitute the basis for issuance of caste certificate. If a document clearly mentions caste then the matter may be covered by the aforesaid policy decision contained in the Circular but that Circular, prima facie, does not stipulate that title alone can be determinative of caste. In our view also, it would lead to injustice and anamolous situation. It is not in dispute that revenue records contain a Patna High Court LPA No.1271 of 2012 (2) dt.21-09-2012 3 column for caste but in the case of the appellant, only religion as Mohammadan is mentioned as caste and not the word 'Sheikh' which has been used only as title of the land holder. If a land document clearly mentions the caste of a person and such document has been accepted for long years, it may be reasonable to rely upon such document for issuing caste certificate or deciding a dispute in relation to a caste certificate already issued. However, the same presumption can not arise only on the basis of title assumed by a person whose name figures anywhere in revenue records or some other land related documents. Even relevant entry in the revenue records only have a presumptive value and their correctness can be assailed on the basis of other relevant materials/evidence. In the aforesaid circumstances, this appeal requires further detailed consideration.

Issue notice to respondent no.12 for which requisites by ordinary process as well as by registered cover must be filed within one week from today failing which this appeal as against respondent no.12 shall stand dismissed without further reference to the Bench.

Rule is made returnable within eight weeks.

If the official respondents want to file any reply or Patna High Court LPA No.1271 of 2012 (2) dt.21-09-2012 4 pleadings, they may do so in the mean time.

List the matter under the same heading for the purpose of final disposal, if possible, after service of notice.

                                                 (Shiva Kirti Singh, J.)


ahk/-                                              (Shivaji Pandey, J.)