IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3082 of 2010 SUBHASH KUMAR JHA S/O TRIPTI NARAIN JHA R/O VILL.- DUMARI KATSARI, POST- DUMARI KATSARI, P.S.- SHYAMPUR BHATHAN, DISTT.- SHEOHAR. VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, PANCHAYATI RAJ, VISHESHWARIYA BHAWAN, PATNA 3. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, SHEOHAR 4. THE DISTRICT DEVELOPMENT COMMISSIONER, SHEOHAR 5. THE DISTRICT PLANNING OFFICER, SHEOHAR 6. THE BLOCK DEVELOPMENT OFFICER, DUMARI KATSARI, DISTT.- SHEOHAR 7. THE CIRCLE OFFICER, DUMARI KATSARI, DISTT.- SHEOHAR ----------- 02 19.04.2010 The petitioner has come against order dated 19.01.2010 of the Block Development Officer, Dumari Katsari in the district of Sheohar, whereby he has declared that as per the records there is no village in the Block Dumari Katsari by the name Dumari Katsari and, as such, all certificates issued from the Block Office in the past and in present giving reference to village Dumari Katsari are cancelled and declared void. Learned counsel for the petitioner with reference to Post Office records, records of B.S.N.L. and other contemporaneous documents shows that the village Post Office is known as Dumari Katsari and that is how address is used. The Block’s name is Dumari Katsari and thus certificates have been issued for a very very long time including statutory documents driving licence etc. and cancellation thereof in such a casual and irresponsible manner would lead to disastrous result. In my view, learned counsel for the petitioner is correct. While at the same time, learned counsel for the State - 2 - points out that there appears to be no village by the name Dumari Katsari. Having considered the matter, in my view, both learned counsels appeared to be correct and the mistake has been committed by the Block Development Officer. The reason is simple. A person residence is normally in village identified by the village Post Office. The postal authorities themselves treat the village Post Office as Dumari Katsari, the Block Development Officer has no authority to declare that to be wrong, where there is a village Dumari Katsari or not is of no relevance. Thus, further the Block Development Officer has no authority to make such a declaration and pass such orders of such drastic consequences cancelling all certificates. I, therefore, set aside the order of the Block Development Officer and clarify that the village Post Office being named Dumari Katsari that address would continue to operate though there is no village particularly named as Dumari Katsari that is the name of the Block in the district of Sheohar. With this observation, the writ petition stands disposed of. Trivedi (Navaniti Prasad Singh, J.)