IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18088 of 2011 Smt.Moni Kumari WIFE OF SRI SATISH KUMAR SINHA @ SANTOSH SINHA, RESIDENT OF PARORIYA PANCHAYAT BINJU BIGHA, MESKAUR, P.S. SINDALA, DISTRICT NAWADAH. Versus The State Of Bihar & Ors ---------------------------------- 3 23/11/2011 Heard learned counsel for the petitioner and learned counsel for the State. If the petitioner is not satisfied with the order and finding of the Divisional Commissioner which is based on enquiry and evidence on the issue that the petitioner is not available in the village concerned and is not a regular resident, there is no occasion for this Court to upturn the findings of the Divisional Commissioner merely because the petitioner asserts that there should be un-impeachable evidence in support thereof. What kind of evidence he has in mind is not talked about by the learned counsel for the petitioner. Let petitioner file an appropriate suit before the court of competent jurisdiction for a proper declaration with regard to her permanent residence and only after that this issue may be required to be re-looked into. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.) - 2 -