IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7301 of 2009 GIRISH NANDAN SAHNI Versus THE STATE OF BIHAR & ORS ----------- 02. 01.07.2009 According to the petitioner based on the pleadings made in the writ application, respondent No.7 namely, Hadish Mian has obtained a caste certificate dated 3.3.2006 from the Block Development Officer, Jandaha on misrepresentation and fraud showing him to belong to extremely backward class (annexure-1). Submission is based on the fact that yet another close relation has also obtained caste certificate showing him to belong to backward community (annexure-2) but instead of deciding the matter when it was raised before the Block Development Officer, matter was referred to District Panchayati Raj Officer, Vaishali for consideration. This, according to the petitioner, is a misplaced kind of exercise. It is for him to decide whether the same has been obtained by misrepresentation or fraud. Learned counsel for the petitioner in this regard draws the attention of the court to the recent decision rendered in the case of Smt. Hema Devi v. State of Bihar, 2009 (2) PLJR 678. Submission of the learned counsel for the petitioner is that direction therefore is required upon the Block Development Officer to decide the matter after issuing notice and giving opportunity to respondent no.7 in this regard. From perusal of the writ application it is not in dispute that caste certificate has been issued by the Block Development Officer, - 2 - Jandaha.. If the same has been obtained or has been granted by misrepresentation or fraud, the matter will have to be examined by the BDO and he cannot escape the responsibility by shifting it to yet other authority. The parties will have to be heard and thereafter the reasons will have to be recorded by the Block Development Officer. The writ application stands disposed of. The Block Development Officer, Jandaha is directed to decide the matter after hearing the parties. rkp (Ajay Kumar Tripathi, J)