Patna High Court
Sri Narayan MishraversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
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The application was dismissed as withdrawn, without adjudicating the merits.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 The Court, after hearing the counsel, allowed the withdrawal and dismissed the application as withdrawn.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- withdrawn application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
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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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