Shyam Nandan Sharma vs The State Of Bihar
2023 Latest Caselaw 2361 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5783 of 2023
     ======================================================

Shyam Nandan Sharma, S/o Ramuday Sharma, R/o Village-Sisara, P.O.-Ginji, District-Jehanabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Government of Bihar, Patna.

2. Principal Secretary, Nagar Vikash and Awas Department, Vikas Bhawan, New Secretariat, Patna.

3. District Magistrate, District-Jehanabad.

4. Municipal Executive Officer, District-Jehanabad.

5. Secretary, Jai Maa Tara Sewa Sansthan, Sir Ganeshdatt Nagar, Raja Bazar, District-Jehanabad.

6. Assistant Registrar Prohibition Excise and Registration Department (Registration), New Secretariat, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ajay Kr Singh No.1, Advocate For the Respondent/s : Mr.Kumar Alok ( SC-7 ) Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 12-05-2023

The petitioner claims to be a public spirited person

who wishes to take up cudgels against the 5th respondent who is

also stated to be a society registered under the Societies

Registration Act, 1860. It is the allegation of the petitioner that

the society has taken up cleaning work of Jehanabad, which has

been entrusted to it by the local self- government institution, the

Municipality. It is the claim of the petitioner that the original Patna High Court CWJC No.5783 of 2023 dt.12-05-2023

members who formed the society are no longer in the

management and that some other persons had taken it over thus

resulting in embezzlement of government money. The petitioner

seems to be more concerned with the working of the society

than affected by the cleaning work outsourced to the society by

the Municipality. If there is some complaint against the society,

the petitioner has to first take up his remedies under the

Societies Registration Act, 1860.

We do not see any public interest in the above writ

petition which is filed only being motivated by the enmity

nurtured by the petitioner against the society and its members.

We find no reason to invoke the extraordinary discretionary

remedy under Article 226 of the Constitution of India.

The writ petition stands dismissed.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          17.05.2023
Transmission Date