IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.437 of 2010 RAJ KISHORE SINGH KUSHWAHA S/O SRI RAMBRIKSH SINGH R/O VILL.- SURGAHIY, P.O.- HARIBELA, P.S.- BATHNAHA, DISTT.- SITAMARHI Versus 1. THE UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, 26 MANSING ROAD, JAISALMER HOUSE, NEW DELHI 2. THE DIRECTOR MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, JAISHNAV HOUSE, NEW DELHI 3. THE STATE OF BIHAR 4. THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 5. THE SECRETARY, DEPT. OF HOME AFFAIRS, GOVT. OF BIHAR, PATNA 6. THE UNDER SECRETARY, HOME SPECIAL DEPT. GOVT. OF BIHAR, PATNA 7. THE DIVISIONAL COMMISSIONER, MUZAFFARPUR 8. THE DISTRICT MAGISTRATE SITAMARHI 9. THE SUB DIVISIONAL OFFICER SITAMARHI 10. THE BLOCK DEVELOPMENT OFFICER RIGA, DISTT.- SITAMARHI 11. NAGINA DEVI, M.L.A. BATHNAHA W/O SRI YOGIRAJ PRASAD R/O VILL.- POSUO PATANIA, P.S.- RIGHA, DISTT.- SITAMARHI ----------- For the appellant :-Mr. Manoj Kr. Sinha, Advocate For the Union of India :- Mr. Binay Kr. Pandey, Advocate 4 26.04.2011 The present appeal has been filed against the order dated 07.01.2010 passed in C.W.J.C. No.16356 of 2007. The matter relates to identification of nationality of the unofficial respondent as citizen of India. The writ petition has been filed by the appellant herein. Learned Single Judge having gone into the merits of the case directed the Union of India to proceed in accordance with law after affording opportunity of hearing to the 2 petitioner-unofficial respondent herein to prove her case with regard to Citizenship. Aggrieved by such direction as contained in paragraph 34 of the judgment, the present appeal has been filed. Learned counsel for the state submits before us that there is no need to afford any reasonable opportunity of hearing by the District Magistrate, Sitamarhi to the unofficial respondent before passing the orders. However, we are not in agreement with the counsel for the State. The unofficial respondent has to be afforded an opportunity before deciding her citizenship. Under the above circumstances, we do not find any reason to interfere with the order of learned Single Judge. Accordingly, this appeal is dismissed. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)