DURYODHANSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is filed by Rohtas Stone Crushers Laghu Udyog Sangh, Karbundiya, Sasaram through its Secretary. The prayer reads as follows :

(2.) When the petition came up for admission we questioned the learned counsel appearing for the petitioner whether the Sangh is registered or unregistered one. We also indicated if it is an unregistered one the writ petition cannot be entertained. We adjourned the case on more than one occasion to enable the learned counsel to satisfy us regarding the maintainability of the writ petition filed by the unregistered Sangh. The learned counsel on the last adjourned date, namely, 30-1-95 cited a judgment of the Supreme Court reported in AIR 1981 SC 298 (A B S K. Sangh (Rly) v. Union of India). He invited our attention to paragraph 63 of the judgment which reads as follows :

(3.) In the case on hand the names of the members of the Sangh are not disclosed and the grievances made out in the writ application are only the grievances of the members of the Sangh and not that of the Sangh as could be seen from the prayer extracted above. As a matter of fact, indivividual orders demanding royalty served on the members are under attack. In this background we have to consider whether the Sangh has locus standi to ventiulate the grievances of its members In AIR 1969 Cal 149 (D.G.O.F Employees' Assam v. Union of India) on the question of locus standi, D. Basu, J. observed as follows :