RAMESHWAR SINGH SON OF LATE RAGHUNATH SINGH Vs. STATE OF BIHAR THROUGH THE COLLECTOR, THE DISTRICT MAGISTRATE-CUM-COLLECTOR, THE DISTRICT WELFARE OFFICER AND THE GENERAL MANGER, CANARA

JUDGEMENT

(1.) This civil revision has been filed by the sole plaintiff-petitioner challenging order dated 10.04.2008 by which Subordinate Judge-I, Kaimur dismissed Title Suit No. 105 of 2000 on the only point that the said suit was not maintainable as the relief sought therein was beyond the jurisdiction of the Civil Court and was within the jurisdiction of Union Ministry of Tribal Affairs, New Delhi as per the decision of the Apex Court in case of Kumari Madhuri Patil and Anr. v. Addl. Commissioner, Tribal Development and Ors., 1995 AIR(SC) 94 relied upon by Patna High Court in case of Shree K. Bhagwan Gond @ Shree Bhagwan Prasad @ Shree Bhagwan Gond v. The Union of India and Ors.,2003 2 PatLJR 840.

(2.) The aforesaid suit was filed by the plaintiff-petitioner for declaration that he was 'Kharwar' under Scheduled Tribe and also for declaration that the defendants' certificate declaring him to be 'Kahar' under Backward Caste was illegal and without jurisdiction and also for declaration that the plaintiff was entitled to get a certificate of Scheduled Tribe. The defendants appeared and filed their written statement contesting the claim of the plaintiff.

(3.) On the basis of the pleadings and evidence of the parties following issues were framed by the trial court: