IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4457 of 2010 MITHILESH KUMAR SINGH @MITHILESH KUMAR S/O JAY NATH SINGH R/O VILLAGE - DEOKULI, P.O - SHYAMPUR , P.S - MAHMADPUR , BLOCK - BAIKUNTHPUR , DISTRICT - GOPALGANJ. VERSUS 1. THE UNION OF INDIA THROUGH THE DIVISIONAL RAIL MANAGER ( COMMERCIAL) NORTH - EAST RAILWAY, VARANASI , DISTRICT- VARANASI (U.P) 2. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR AT PATNA 3. THE COMMISSIONER DIVISION- SARAN AT CHAPRA, DISTRICT - CHAPRA 4. THE DISTRICT MAGISTRATE GOPALGANJ, DISTT- GOPALGANJ 5. THE SUPERINTENDENT OF POLICE GOPALGANJ, DISTT- GOPALGANJ 6. THE ADDITIONAL DISTRICT MAGISTRATE GOPALGANJ, DISTT- GOPALGANJ 7. THE SUB DIVISIONAL DISTRICT OFFICER, null GOPALGANJ, DISTT- GOPALGANJ 8. THE CIRCLE OFFICER ANCHAL BAIKUNTHPUR , DISTRICT- GOPALGANJ 9. THE BLOCK DEVELOPMENT OFFICER BLOCK - BAIKUNTHPUR , DISTRICT- GOPALGANJ 10. THE BLOCK AGRICULTURAL OFFICER, BAIKUNTHPUR BLOCK - BAIKUNTHPUR , DISTRICT- GOPALGANJ 11. THE PANCHAYAT SECRETARY, HAKAM PANCHAYAT BLOCK - BAIKUNTHPUR , DISTRICT- GOPALGANJ 12. SHREE BACHCHA SINGH S/O LATE DASAI SINGH R/O VILLAGE- BHOJPURWA, P.S- MOHMADPUR , DISTRICT - GOPALGANJ 13. HALKA KARMCHARI PANCHAYAT RAJ - KAKAM , P.S- MOHMADPUR ,DISTRICT - GOPALGANJ ----------- 02 05.04.2010 On special mention this writ petition is taken up. The petitioner claimed to be resident of Baikunthpur Block in the district of Gopalganj. He filed an application before the concerned Block Development Officer for grant of residential certificate, which was duly recommended to the Sub-Divisional Officer and then by him to the Collector and accordingly the Collector, Gopalganj issued the residential certificate. Thereafter, on objection by Block Development Officer, the Collector has cancelled the residential certificate so granted by him earlier. The petitioner has come to this Court challenging the action of the - 2 - Collector in this regard. In my view, the petitioner has remedy by way of an appeal to the Commissioner of the division against the order as passed by the Collector under the Boards Miscellaneous Rules. Petitioner must first prefer an appeal to the Divisional Commissioner, who, if such an appeal is filed, would consider the same on its merits and passed an order after such enquiry and after hearing in accordance with law, as he may desire. It is expected that as residential certificate is the basis for several privileges and actions be taken, the Commissioner would hear and finally disposed of the matter within three months from the date of filing an appeal against the order of the Collector. This disposes of the writ petition. Trivedi (Navaniti Prasad Singh, J.)