NALIN KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ONE Nalin Kumar Jha has filed this writ petition describing himself as 'Chairman (Development), Gram Sauchalaya Sansthan, a registered voluntary organisation under the Society (sic) Registration Act. He impleads, besides a few others, the State of Bihar (as respondent no. 1), the Commissioner -cum -Secretary, Urban Development Department of State Government (respondent no. 2), all the Municipal Corporations/Municipalities in the State (with the exception of four, namely, Municipal Corporations of Patna, Darbhanga, Arrah and Begusarai) (Respondents 5 to 28) and Sulabh International, a Non - Government Social Service Organisation (respondent no. 29) and its founder Bindeshwar Pathak (as respondent no. 30). The writ petition seeks two reliefs which are quite unrelated to each other. He first makes a prayer for a direction to the Urban Development Departments to ask all the Municipal Corporations/Municipalities in the State to give contract of maintenance of public lavatories situate within their respective areas on the basis of public auction after making a public advertisement for the purpose. He secondly, makes a prayer to direct the State Government to institute an 'independent enquiry into the misappropriation of crores of rupees making a number of allegations against Sulabh International and its founder on the one hand and the officials of the State Government, both past and present, on the other.

(2.) SO far as the second prayer is concerned, it may be noted that earlier one Nilamber Mishra and another filed CWJC No. 7673/1998, by way of public interest litigation, seeking the same relief. It is stated in the counter affidavit filed on behalf of respondent no. 29 and not denied by the petitioner, that the aforesaid Nilamber Mishra is the Vice President of Gramin Sauchalaya Sansthan. The present writ petition, consisting of 35 paragraphs, lifts verbatim more than 20 paragraphs from the writ petition in CWJC No. 7673/1998 and uses as annexures the same documents which were enclosed with the earlier writ petition.

(3.) IT is further to be noted that another writ petition being CWJC No. 12502/1996, also by way of public interest litigation, was earlier filed by one Sharda Kishore Sinha claiming to represent an organisation under the name of Swawlambi Samajik Seva Samity. In that writ petition also the same relief was sought on more or less the same allegations and the same supporting materials enclosed as annexures. That writ petition (CWJC No. 12502/ 1996) was dismissed by order dated 19.12.1996 passed by a bench of this Court. The order was as follows : "We are not satisfied with the bonafide of the petitioner in filing this writ petition. This writ application is dismissed with cost of Rs. 2,500/ -. The cost shall be paid within a fortnight to the Patna High Court Council of Legal Aid and Advice. Let a copy of this order be sent to the Secretary, Patna High Court Council of Legal Aid and Advice."