Krishna Ballabh Welfare Society vs The Union Of India
2023 Latest Caselaw 783 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13762 of 2022
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Krishna Ballabh Welfare Society, through its Secretary, Anjana Kumari (Female), aged about 39 years, Wife of Birendra Kumar Singh @ Virendra Kumar Singh, Resident of Village- Jhikatiya Kala, P.O.- Jhikatiya Kala, P.S.- Imamganj, District- Gaya.

... ... Petitioner Versus

1. The Union of India through the Secretary, Ministry of Social Justice & Empowerment, Govt. of India, New Delhi.

2. The Director, National Action Plan for Senior Citizen, Department of Social Justice and Empowerment, Government of India, New Delhi.

3. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

4. The Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

5. The Director, Directorate of Social Security, Social Welfare Department, Patna.

6. The District Magistrate, Gaya.

7. The Assistant Director, Social Security Cell, Gaya.

... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Birendra Kumar Singh, Advocate For the State : Mr. P.K. Shahi, Advocate General, with Mr. Prabhu Narayan Sharma, & Sanjiv Kumar, AC to AG For the Union of India : Ms. Punam Kumari Singh CGC ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 15-02-2023

The petitioner claims to be a registered society under the

Societies Registration Act, 1860 (for brevity 'the Act'). It has

been stated in paragraph 5 of the writ petition that one of the

founder members, namely, Krishna Ballabh Prasad, has been Patna High Court CWJC No.13762 of 2022 dt.15-02-2023

serving whole life with an organization, which was started in the

year 1960. There is reference to a piece of land, which was

made available for running the organization in 1960, and a

building constructed thereon for taking up the cause of social

justice. It has further been stated after the death of said Krishna

Ballabh Prasad, the founder members resolved to get the society

registered under the Act, as a non-profit organization. There is

further reference to construction of a building by the

organization, on the land, which the organization had acquired.

2. In the present writ application, the petitioner is seeking

direction to give approval of the scheme of Atal Vayo Abhyuday

Yojana (AVYAY) for the Village- Jhakatiya Kala, in the District

of Gaya.

3. A counter affidavit has been filed on behalf of the State

of Bihar. In the counter affidavit, sworn by the Assistant

Director, District Social Security Cell, Gaya, it has been stated

that the petitioner's-organization was inspected on 26-03-2022

by the Assistant Director, District Social Security Cell, Gaya,

and it has been found that the rented building of the organization

was neither completed nor plastered. Upon physical verification,

a report was submitted and the organization was not found fit to

run any old age home under the said Scheme.

Patna High Court CWJC No.13762 of 2022 dt.15-02-2023

4. In our considered view, the petitioner cannot maintain

the present Public Interest Litigation to question the denial of

grant by the State-respondent, which the petitioner had claimed

under the Scheme. This Public Interest Litigation is thoroughly

misconceived and is, accordingly, dismissed.

(Chakradhari Sharan Singh, ACJ)

( Madhuresh Prasad, J) shyambihari/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          17-02-2023
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