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Patna High CourtCWJC/15596/2015disposed

Jayram @ Jayram Viplav v. The State Of Bihar And ANR

2016-11-17Mr. Justice Vikash Jain,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15596 of 2015 =========================================================== Jayram @ Jayram Viplav, son of Ramashish Choudhary, resident of VillageDhouni, P.O.- Tarapur, P.S.- Tarapur, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar, through Chief Secretary, Government of Bihar.

2. The Information and Public Relations Department, through its Secretary, Secretariat, Patna (Bihar).

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

For the Petitioner/s : Mr.

For the Respondent/s : Mr. Lalit Kishore (PAAG-1) Mr. Bishwa Bibhuti Kumar Singh, AC to PAAG-1 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) Date: 17-11-2016 Heard learned counsel for the parties.

2. The petitioner has invoked the Public Interest Litigation jurisdiction of this Court claiming writ of Mandamus to restrain the respondents from wasting public funds in publishing advertisements in News Papers or in any medium which are directly or indirectly hostile, averse, critical and inimical towards Government of India as the same is against cooperative federalism which is basic structure of the Constitution of India.

3. The question as to in what manner the State Government can use public funds for publishing advertisements in

Patna High Court CWJC No.15596 of 2015 dt.17-11-2016 2/2 News Papers came to be examined by the Supreme Court in a judgment reported in (2015) 7 SCC 1 (Common Cause Versus Union Of India) wherein guidelines framed by a committee was accepted with slight modifications. Such order has been modified on 18.03.2016 in Review Petition (C) Nos.1879-1881/2015 in Writ Petition (C) Nos.13/2003,197/2004 & 302/2012 (State of Karnataka Versus Common Cause And Ors. ETC. ETC.). In view of the fact that the issue of spending public funds in respect of advertisements in News Papers has already been decided by the Supreme Court, no further orders are called for.

4. This writ petition is disposed of with a direction that the respondent shall comply the order reported in (2015) 7 SCC 1 (Common Cause Versus Union Of India) as modified on 18.03.2016.

(Hemant Gupta, ACJ) (Vikash Jain, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.11.2016 Transmission Date N/A