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1998 DIGILAW 676 (PAT)

Lawyers Association, Patna High Court, Ranchi v. State Of Bihar

1998-09-21

A.K.PRASAD, R.A.SHARMA

body1998
Judgment 1. The petitioner filed this writ petition seeking appropriate writ directing the respondent to take immediate steps to protect lives of the people who visit the Dasham Fall situated in Bundu area in Ranchi district. It is stated that due to lack of preventive measures the people who visit the said Fall to see its beauty slip into the Fall losing their lives. 2. At the time when the writ petition was taken up, we granted time to the learned Government Advocate to seek instruction from the respondent. When the case was listed again, the Advocates Association, Patna High Court, Ranchi Bench, raised objection against the maintainability of this writ petition at the instance of the petitioner. The matter was, therefore, adjourned and on the next date, an application to intervene was moved by the Advocates Association opposing the writ petition at the instance of the petitioner saying that there is nothing like the Lawyers Association at Ranchi Bench of this Court and it is a fictitious body set up by three Advocates who are also the members of the Advocates Association. In this connection, the Advocates Association has also filed a letter from the Bihar Bar Council in which it has been mentioned that Lawyers Association which has filed this writ petition has not been registered with it. The petitioner in its reply has filed certain letters addressed to it including an order of this Court in a writ petition which was filed by it. In reply the Advocates Association has stated that it was not aware of filing of any such writ petition by the petitioner, otherwise they would have opposed it. 3. A Public Interest Litigation can be filed by any individual or Association registered or unregistered. But when the very existence of the person or the body that has filed the writ petition is seriously disputed, the writ petition is not liable to be entertained at its instance even by way of public interest litigation. Such a writ petition cannot be filed in order to create evidence in support of the existence of any person or body. There is serious dispute between the parties as to the existence of the petitioner Association at the Ranchi Bench of the Patna High Court. It is not possible for this Court to resolve this dispute under Article 226 of the Constitution. There is serious dispute between the parties as to the existence of the petitioner Association at the Ranchi Bench of the Patna High Court. It is not possible for this Court to resolve this dispute under Article 226 of the Constitution. In this connection, it may be mentioned that the petitioner could not supply the list of Advocates of this Court at Ranchi Bench who are its members. 4. In view of the facts and circumstances of this case, and for the reasons given above, this writ petition is dismissed. No costs.Petition dismissed.