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Patna High Court

South Vihar Welfare Society For Tribal (ASHRAY)versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, with liberty granted to the petitioner to seek a vigilance enquiry against the private respondent, while the other reliefs are denied.

Summary

The South Vihar Welfare Society filed a writ petition in the Patna High Court seeking mandamus to produce and quash a termination letter, certiorari to set aside a letter appointing another NGO to manage an old age home, to set aside a tender, to renew its agreement, and to initiate a vigilance enquiry against a private respondent. The court held that the reliefs concerning the termination letter, the appointment letter, the tender, and the renewal of the agreement were rendered infructuous. However, the court granted the petitioner liberty to pursue the grievance of initiating a vigilance enquiry against the private respondent. No substantive opinion on the merits of the other prayers was expressed. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the termination letter issued against the petitioner agency violated the principles of natural justice.
  • Whether the letter dated 02.04.2026 appointing a new NGO to manage the Sahara Old Age Home can be quashed.
  • Whether the tender dated 22.01.2026 can be set aside.
  • Whether the court should direct the initiation of a vigilance enquiry against private respondent No.8.
  • Whether the petitioner is entitled to a mandamus directing renewal of its agreement.

Subjects

  • natural justice
  • writ of mandamus
  • certiorari
  • tender cancellation
  • vigilance enquiry
  • NGO management
  • social welfare
  • high court
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7729 of 2026
                 ======================================================
                 South Vihar Welfare Society For Tribal (ASHRAY) having its office at House
                 No. 134, Khunti Bhawan, South Office para, Doranda, Ranchi, Jharkhand
                 through its Secretary namely Soumi Dutta, (F), Aged about 36 Years, D/o
                 Dipankar Dutta, Residing of Mohalla-Near Akota Apartment, North Office
                 Para, P.O. and P.S.- Doranda, District- Ranchi, Jharkhand.

                                                                    ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Social Welfare
                 Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Social Welfare Department, Government of Bihar,
                 Patna.
           3.    The Director, Directorate of Social Welfare, Social Welfare Department,
                 Government of Bihar, Patna.
           4.    The Director, Directorate of Social Security, Social Welfare Department,
                 Government of Bihar, Patna.
           5.    The Additional Director, Directorate of Social Security, Social Welfare
                 Department, Government of Bihar, Patna.
           6.    Umang Bal Vikash Aawashiya Viklaang Prashikshan Sansthan, through its
                 Secretary Satish Kumar, Son of Not Known, Resident of- Fairfield Colony,
                 P.O. Digha Ghat, Patna- 800011.
           7.    The Department of Vigilance, Patna through its Additional Chief Secretary,
                 Patna.
           8.    Braj Bhushan, AdSS, Presently posted at Sheohar, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Mrigank Mauli, Sr. Adv.
                                              Mr.Samir Kumar, Adv.
                 For the Respondent/s   :     Mr.Standing Counsel (25)
                 For the Vigilance      :     Mr. Anil Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   25-06-2026              The present writ petition has been filed seeking the

                   following reliefs:-

                            “1(i). For issuing a writ and any other appropriate writ
Patna High Court CWJC No.7729 of 2026(2) dt.25-06-2026
                                            2/3




                 in the nature of mandamus directing the respondent
                 authorities to produce the termination letter issued
                 against the petitioner agency regarding Sahara West
                 Champaran Betiah, and thereafter quash the same for the
                 reason that it has been issued in complete disregard of the
                 principle of natural justice.
                 (ii). For issuing a writ of certiorari or any other
                 appropriate writ for quashing letter dated 02.04.2026,
                 issued by Director of Social Security, Bihar, Patna, issued
                 letter to Assistant Director, Social Security Treasury, West
                 Champaran, whereby he has informed that new
                 agency/N.G.O namely 'Umang Bal Vikash Aawashiya
                 Viklaang Prashikshan Sansthan' will be managing Sahara
                 Old Age home at West Champaran in place of South Vihar
                 Welfare Society For Tribal (ASHRAY) house (petitioner)
                 and it was further informed that from 15.04.2026 new
                 N.G.O will take over the management from the petitioner.
                 (iii). To set aside Tender dated 22.01.2026, issued by
                 Director of Social Security, Bihar, Patna, issued letter to
                 Assistant Director, Social Security Treasury, West
                 Champaran, whereby he has informed that new
                 agency/N.G.O namely 'Umang Bal Vikash Aawashiya
                 Viklaang Prashikshan Sansthan' will be managing Sahara
                 Old Age home at West Champaran in place of South Vihar
                 Welfare Society For Tribal (ASHRAY) house (petitioner)
                 and it was further informed that from 15.04.2026 new
                 N.G.O will take over the management from the petitioner.
                 (iv). To initiate vigilance enquiry against private
                 respondents no 8.
                 (v). For issuing a writ and other appropriate writ in the
         Patna High Court CWJC No.7729 of 2026(2) dt.25-06-2026
                                                     3/3




                          nature of mandamus for a direction to renew the
                          agreement of the petitioner.”
                   2.      At the outset, the learned counsel for the petitioner

                   submits that as far as the reliefs sought for in paragraph no. 1(i)

                   to (iii) and (v) to (vi) are concerned, the same have been

                   rendered infructuous, however liberty be granted to the

                   petitioner to pursue the relief prayed for in paragraph no. 1(iv),

                   i.e. regarding initiation of vigilance enquiry against the private

                   respondent no. 8.

                   3.      Having regard to the limited prayer made by the

                   petitioner in the present writ petition, we deem it fit and proper

                   to grant liberty to the petitioner to agitate his above sole

                   grievance by availing such remedies as are otherwise available

                   under the law, however we make it clear that we have expressed

                   no opinion.

                   4.      Accordingly, the present writ petition stands disposed of.


                                          (Mohit Kumar Shah, J)


                                                ( Raj Kumar, J)

Ajay/-

U


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