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Patna High Court

Sri Narayan MishraversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The application was dismissed as withdrawn, without adjudicating the merits.

Summary

The petitioner, Sri Narayan Mishra, filed an application seeking to quash two letters issued by officials of the Khadi and Village Industries Commission (KVIC) that directed the conduct of elections for the Madhubani Zila Khadi Gramodyog Sangh, alleging that the letters interfered with the Sangh's internal affairs and were beyond the authority of the respondents. The petitioner requested that the letters be declared illegal, that the respondents refrain from interfering with the Sangh's functions, and sought other appropriate reliefs. The petitioner later sought permission to withdraw the application. The Court, after hearing the counsel, allowed the withdrawal and dismissed the application as withdrawn. Consequently, no substantive determination on the merits of the petition was made.

Issues considered

  • What is the legal authority of the KVIC officials to issue directions concerning the internal elections of the Madhubani Zila Khadi Gramodyog Sangh?
  • Whether the letters issued by the KVIC constitute unlawful interference in the Sangh's internal affairs.

Subjects

  • Khadi and Village Industries Commission
  • internal elections
  • quashing of letters
  • administrative interference
  • civil writ jurisdiction
  • withdrawn application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13232 of 2015
                 ======================================================
                 Sri Narayan Mishra Son of Late Lakhan Mishra, Resident of Village
                 Mahthaur, P.O. Putai, P.S. Manigachi District Darbhanga.

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    The District Magistrate, Madhubani.
           3.    The General Manager, District Industries Centre, Madhubani.
           4.    The Commissioner/Executive Officer, Khadi and Village Industries
                 Commission, State Office, Sheikhpura, Patna.
           5.    The State Director, Khadi and Village Industries Commission, State Office,
                 Sheikhpura, Patna.
           6.    The Minister Secretary, Bihar Khadi Gramodyog Sangh, Sarvodya Gram,
                 Muzaffarpur.
           7.    The Chairman, Madhubani Zila Khadi Gramodyog Sangh, Madhubani.
           8.    The Minister Secretary, Madhubani Zila Khadi Gramodyog Sangh,
                 Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Manoj Kumar Jha, Advocate
                 For the State          :        Mr. Yogendra Pd. Sinha, AAG- 7
                 For the KVIC           :        Mr. Dhanendra Chaubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   24-03-2026                   The petitioner has filed the instant application for the

                   following reliefs:

                                                         “1. I) For quashing the letter
                                            No.D.B/Khadi/Niyamak Mandal/Madhubani/
                                            2015-16 dated 28/7/2015 as contained in
                                            Annexure 5 issued under the joint signature
                                            of the Commissioner/Chief Executive Officer
                                            and State Director, Khadi and Village
                                            Industries     Commission,      State     Office,
                                            Sheikhpura (herein after referred to as
Patna High Court CWJC No.13232 of 2015(3) dt.24-03-2026
                                           2/3




                                  Commission) by which direction has been
                                  issued to conduct election of Madhubani
                                  Zila Gramodyog Sangh (herein after referred
                                  to as Sangh) in presence of representative of
                                  District Administration. It has further been
                                  directed that in the election process of
                                  Niyamak Mandal. New Executive Members
                                  and Officers would be elected excluding the
                                  persons of both sides of earlier Niyamak
                                  Mandal.
                                              II) For quashing the letter No.618
                                  dated 8/8/2015 issued under the signature of
                                  respondent No.3 the General Manager
                                  District Industries Centre, Madhubani as
                                  contained in Annexure 6 by which it has
                                  been decided that on 25/8/15 election
                                  process of Sangh will be held at 1 P.M in the
                                  Head Office at Madhubani.
                                              III) For direction/commanding the
                                  respondents Nos. 1 to 5 not to interfere with
                                  the function of the Sangh as on 5/11/14
                                  election was held in accordance with its bye-
                                  laws in presence of the members of the
                                  respondents/authorities    and    same    was
                                  communicated to them by the competent
                                  authority of the Sangh.
                                              IV) For holding that the letter
                                  issued by the Commission is illegal and
                                  unauthorised interfere in the internal affairs
                                  of the Sangh and he has no authority under
           Patna High Court CWJC No.13232 of 2015(3) dt.24-03-2026
                                                      3/3




                                             the law to interfere with the administrative
                                             and Managerial operation of Sangh.
                                                         V) For that any other relief/reliefs
                                             may also be provided to the petitioner if he
                                             deserves the same.”

                                 2. Learned counsel for the petitioner seeks permission

                     to withdraw this application.

                                 3. In view of the above, this application is dismissed

                     as withdrawn.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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