IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3943 of 2011 RAM PRASAD ROY . Versus THE STATE OF BIHAR & ORS . For the Petitioner:- Mr. Manoj Kumar Singh & Mr. Dilip Kumar Roy, Advocates For the State:- Mr. G.P.-13 ----------- 02. 14.03.2011 The petitioner claims to have been issued a caste certificate “Dhanuk” in the year 2006. The new khatian shown him as “Kurmi”. He claims to be affected with regard to his right to file nomination for the ensuing Gram Panchayat Election for the post of Mukhiya. Learned counsel for the petitioner submits that he proposes to represent before the District Magistrate, Samastipur seeking issuance of a provisional caste certificate as a “Dhanuk”, in view of the earlier caste certificate pending decision on the issue. The last date for filing of nomination commenced from 16th of March, 2011. Learned counsel for the State is right in his submission that whether the petitioner belongs to “Dhanuk” or “Kurmi” is a matter of enquiry, when the earlier caste certificate issued to him may also have to be considered appropriately and no positive conclusions can be arrived at this stage. Any provisional caste certificate issued to the petitioner, utilized in any manner, shall have 2 to depend on its final utilization based upon his caste status as may be determined in the fresh enquiry. The stand of the State is unexceptionable, the Court upholds the same. The writ application is disposed in the aforesaid terms with directions to the District Magistrate to decide the representation of the petitioner as proposed, within a maximum period of two weeks from the date of receipt/production of a copy of this order, so that the petitioner is not deprived of his right to file his nomination for laxity on the part of the District Magistrate. The Court has expressed no opinion on any aspect of the matter which are issues to be determined by the District Magistrate himself on the representation of the petitioner. The application stands disposed. P.K ( Navin Sinha, J.)