IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13165 of 2004 1. GIRJA MUNDA Son of Late Jharo Munda @ Jhari Munda resident of village Lahsa Block & P.S. Mansahi District- Katihar at present Deputy Mukhiya Gram Panchayat Phulhara and also General Secretary of District Munda Sangharsh Samiti 2. Kaleshwar Munda son of Late Sri Dhari Munda @ Sidhu Munda at present president of District of Munda Sangharsh Samiti 3. Shiv Shankar Munda Son of Late Kailu Munda at present Treasuror of District of Munda Sangharsh Samiti 4. Mahendra Munda son of Late Kadam Lal Munda 5. Lal Mohan Munda son of Dhilu Munda 6. Chaturbhuj Munda son of Late Darbari Munda 7. Kishan Lal Munda @ Kishan Munda Son of Late Tager Munda 8. Gulton Munda son of Late Sibu Munda 9. Chhote Lal Munda son of Late Ramphal Munda 10. Babu Lal Munda son of Late Bhikhari Munda @ Bhagtu Munda All are resident of village-Sibadih, P.S.-Korha District- Katihar Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Katihar. 3. The Sub-Divisional Magistrate, Katihar . 4. The Block Development Officer, Mansahi. 5. Block Development Officer Korha. 6. Thana Incharge Mansahi. 7. Thana Incharge Korha. 8. Mukhiya Gram Panchayat Phulhara. 9. Circle Officer, Mansahi. 10. Circle Officer, Korha. 11. Mukhiya, Gram Panchayat, Sandalpur. ----------- For the State:- Mr. Alok Kumar Rahi, A.C. to A.A.G. 2. ------------ 3. 15.04.2011 No one appears on behalf of the petitioners to press the present writ application. However, learned A.C. to A.A.G.-2 representing respondent nos. 1 to 7, 9 and 10 are present. By filing the present writ petition, the 2 petitioners have sought a direction from this Court that they may be declared as member of Scheduled Tribes and consequently, they may be provided all the benefits admissible to such category of persons belonging to the Scheduled Tribes. After hearing learned counsel for the State, and after perusing the material available on record, this Court is of the considered opinion that petitioners should file a detailed representation before respondent District Magistrate, Katihar within a period of four weeks from today raising all their grievances. If such a representation is filed on behalf of the petitioners, with a certified copy of the present order within the time prescribed by this Court, then the respondent District Magistrate, Katihar shall be obliged to consider and dispose of the same in accordance with law by a speaking order within a period of three months from the date of filing of such representation. Before passing the final order, the respondent District Magistrate shall give an opportunity of hearing to the petitioners and shall permit them to lead oral as well as documentary evidence, if any, in support of their claims for being declared as the members of Scheduled Tribes. It is made clear that if the petitioners do 3 not appear before the respondent District Magistrate, Katihar within the time prescribed by this Court and with a certified copy of the present order, then it shall be construed that the present writ petition has finally been rejected by this Court. With the aforesaid observation and direction, the present writ petition stands disposed of. No costs. Anand Kr. ( Birendra Prasad Verma, J.)