B. Chand Foundation vs The State of Bihar

Seeking exception to an order dated 08.12.2015 passed

in Civil Writ Jurisdiction Case No. 6226/2015, this appeal has been

filed under Clause 10 of the Letters Patent.

The petitioner, a Non Governmental Organization

registered under the Societies Registration Act, claims to be working

for development of Women and for the purpose of implementation of

certain social welfare schemes of the government, the petitioner''s

organization was chosen to run a Women''s Help Line and Short Stay

Home under the Mukhyamantri Nari Shakti Yojna. Finding the

petitioner''s organization not to have conducted its proceedings in

accordance to the requirement of law and finding there to be various

discrepancies, on 15.01.2015 the District Magistrate, Katihar directed

for closure of the Short Stay Home and Help Line and all the female

inmates were shifted to another Short Stay Home.

Inter alia, contending that the impugned action has

been taken without hearing the petitioner, without notice to them and

in violation to the principles of natural justice, the Writ Petition was

filed and the Writ Court, after going through various aspects of the

matter including the counter affidavit, found that in the Short Stay

Home a woman was found to be pregnant and while she was being

shifted to a hospital to facilitate delivery of the child, she died. That

apart, the District Administration on inspection found various other

irregularities and illegalities and incriminating materials were seized

and therefore against the petitioner''s organization an FIR was lodged

vide Crime No. 361 of 2013 under Sections 363, 366A read with 376

of the Indian Penal Code, Sections 5 and 6 of the Prevention of

Immoral Trafficking Act and even prior to lodging of this FIR, it was

found that another FIR was lodged vide Crime No. 142 of 2011,

certain offences were investigated and chargesheet was submitted for

offence under Sections 469, 468, 471 and 420 of the Indian Penal

Code and taking note of these facts and finding the inmates of the

Short Stay Home to be exploited and there being serious threat to their

life, the impugned action was taken.

The learned Writ Court finding that in the light of the

serious incidents that have happened due to mishandling by the

management and various other aspects, the action taken is proper and

merely because there was some violation in the matter of non-grant of

opportunity, holding that the petitioner''s society was functioning

under a Margdarshika, not under a statutory provision, and there was

no agreement or contract which was violated; the totality of the

circumstances was evaluated by the learned Writ Court and the

petition dismissed taking note of the serious discrepancies or

illegalities found and the non-statutory right, based on which is a

scheme under which the petitioner''s organization was found to be

functioning.

Taking note of the detailed order in this regard passed

by the learned Writ Court and the sufferings of the destitute and the

human right factor involved in the matter, we are of the considered

view that merely because of opportunity of hearing was not granted,

indulgence into the matter was not called for and in the peculiar facts

and circumstances of this case after taking note of the public interest

and the interest of the women inmates who are the sufferers, the Writ

Petition has been dismissed. No error has been committed by the

learned Writ Court warranting reconsideration. The appeal is therefore

dismissed.