Shyam Nandan Sharma v. The State Of Bihar

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 2/2 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