IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 5552 of 2001 ANAND KUMAR & ANR Versus THE STATE OF BIHAR & ORS ----------- 6 27.01.2009 Heard Mr. Shyama Pd. Mukherjee, learned senior counsel for the petitioner as also learned counsel for the State. The petitioners are aggrieved by an order dated 04.01.1999 passed by the Collector of Katihar District whereby and whereunder she had issued the instruction to all the Sub-Divisional Officers in the district of Katihar as with regard to issuance of a Caste Certificate with regard to the residents of village Kichak Tola. In the said order the Collector, on the basis of her own analysis of the entries made with regard to the aforesaid persons in Khatian and other revenue records as also electoral roll, had come to a specific finding that the petitioners and others being the resident of village Kichak Tola as a whole belonged to Yadav by Caste and therefore their change in title (surname) would not make them entitled to get caste certificate as “Banjara”. Counsel for the petitioner wanted to rely on one or more document annexed with writ petition to assail the impugned order but ultimately agreed that a dispute of this nature can not be decided by this Court under Article 226 2 of the Constitution of India. The aforesaid finding of the Collector as to whether the petitioners are Banjara by caste or Yadav by caste can not be gone into much less decided within the limited canopy of the writ jurisdiction and infact can be adjudicated in a properly constituted civil suit with the help of evidence. That being so, the petitioners would be at liberty to seek their relief by way of a declaratory suit before an appropriate Civil Court where they would also be entitled to get their case adjudicated in the presence of the State and its Collector of Katihar District on the basis of the evidence adduced by all the parties before the Civil Court. With the aforementioned observations, this writ application is disposed of. Vikash/- (Mihir Kumar Jha, J.)