NAGENDRA PRASAD SINHA SON OF LATE BABBAN PRASAD SINHA Vs. BHOJPURI ACADEMY THROUGH ITS DIRECTOR, MITHAPUR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the appellant-writ petitioner and learned counsel for the respondents including the State of Bihar.

(2.) This letters patent appeal is directed against dismissal of writ petition preferred by the appellant by order dated 11.1.2007 on the ground that respondent-Bhojpuri Academy is a society registered under the Societies Registration Act (hereinafter referred to as "the Act") and the factual foundation has not been laid to establish that it is 'State' within the meaning of Article 12 of the Constitution of India (hereinafter referred to as "the Constitution").

(3.) The principal issue falling for determination is whether Bhojpuri Academy is a society under the Act and whether it meets the requirements for being treated as 'State' or other authority under Article 12 of the Constitution. However, before adverting to the aforesaid issue the relevant facts may be noted in brief.