Birendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5400 of 2015 ====================================================== Birendra Kumar S/O Late Raj Kumar Purbey. Resident of 69, MIG, Hanuman Nagar, Patna-800020.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Urban Development and Housing Department, 1st Floor, Vikas Bhawan, New Secretariat, Patna-15.

2. Project Director, Support Programme for Urban Reforms in Bihar (SPUR), Bihar through Secretary, Urban Development and Housing Department, 1st Floor, Vikas Bhawan, New Secretariat, Patna-15.

3. Additional Project Director, Support Programme for Urban Reforms in Bihar (SPUR), Bihar through Secretary, Urban Development and Housing Department, 1st Floor, Vikas Bhawan, New Secretariat, Patna-15.

4. Team Leader, UTAST (Urban Technical Assistant and Support Team), SPUR through Secretary, Urban Development and Housing Department, 1st Floor, Vikas Bhawan, New Secretariat, Patna-15.

5. M/S Ekta Manch, Besides Pranjal Apartment, West Boaring Canal Road, Patna-01.

6. Chairman, M/S Ekta Manch, Besides Pranjal Apartment, West Boaring Canal Road, Patna-01.

7. Department of International Development (DFID), UK through Secretary, Urban Development and Housing Department, 1st Floor, Vikas Bhawan, New Secretariat, Patna-15.

8. The Chief Executive Officer, Khagaul Nagar Parishad, Khagaul, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishwa Bibhuti Kumar Singh, Adv For the Respondent/s : Mr. Nadeem Seraj- GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 08-04-2015 Heard learned counsel for the parties.

When this Court has found that the petitioner questions the recruitment and service condition made by Ekta Munch and the learned counsel for the petitioner is not in a position to explain this Court as to whether Ekta

Patna High Court CWJC No.5400 of 2015 (2) dt.08-04-2015 Munch is a State within the meaning of Article 12 of the Constitution of India, this writ application has to be held to be not maintainable because Ekta Munch as per the learned counsel for the petitioner is a Voluntary Non Governmental Organization (N.G.O.). Therefore, even if Ekta Munch may have received certain financial aid or grant-in-aid from the Government that will not turn Ekta Munch into a State within the meaning of Article 12 of the Constitution of India.

That being so, this writ application is wholly misconceived and ill advised.

It is, accordingly, dismissed.

(Mihir Kumar Jha, J) Ranjan/- U