IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15652 of 2011 1. Rahima Khatoon, At Present Mukhiya Of Gram Panchayat Raj Bhorha W/O Md. Sahim, D/O Late Kamruddin Resident Of Village-Belgachhi, P.S. Raniganj, District-Araria. Versus 1. The State Of Bihar Through Collector, Araria. 2. The State Election Commission, Bihar, Patna. 3. The Sub Divisional Officer, Araria. 4. Circle Officer, Raniganj, District-Araria. 2 14.10.2011 The petitioner, who is elected as Mukhiya of Gram Panchayat Raj Bhorha in the district of Araira, is aggrieved by order dated 1.9.2011 passed by the Circle Officer, Raniganj whereby caste certificate granted to her was cancelled without sufficient opportunity to her. The petitioner states that she being a Kuzara belongs to Extremely Backward Class and fought election for the post of Mukhiya for the constituency reserved for Extremely Backward Class. The petitioner further submits that only after enquiry the Circle Officer has granted certificate of her belonging to Kuzara caste which is one of the Extremely Backward Class under schedule notified by the Government. The petitioner submits that a show cause was given on 27.8.2011 by the Circle Officer to appear on 29.8.2011 for satisfying that she belongs to Kuzara caste. The petitioner sought for a short adjournment which was denied and the caste certificate granted to her was cancelled. Counsel for the State as well as counsel appearing on behalf of the State Election Commission submit that it may be appropriate that the matter be examined at the level of the District 2 Magistrate. In the circumstances, I remit this matter to the District Magistrate, Araria who will consider the aspect whether the petitioner belongs to Extremely Backward Class or not. The petitioner should appear before the District Magistrate along with representation and proof within a period of three weeks from today with a copy of this order. Till the matter is considered by the learned Collector, Araria, the impugned order dated 1.9.2011 passed by the Circle Officer, Raniganj would be kept in abeyance. With the aforesaid observations and directions, this writ petition stands disposed of. Let a copy of this order be communicated to the learned District Magistrate, Araria through fax at the cost of the petitioner. KHAN (S.P. Singh,J)