IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12505 of 2011 ====================================================== 1. The Elder Lawyers’ Association, Patna High Court, Patna through its President, Shree K.B.Verma Advocate, son of Late Shree Sheodhani Verma, resident of 36, Jyotipuram, Maurya Path, Khajpura, P.S.- Rajivnagar, District-Patna. 2. Shree Lallan Prasad Singh, Advocate, Vice President of the Elder Lawyers’ Association, Patna High Court, son of Late Shree Bachchu Prasad Singh, resident of B/12, Magistrate Colony, Ashiyana Nagar, Patna-800 025. 3. Shree Yogendra Prasad Azad, Advocate, Vice President, the Elder Lawyers’ Association, Patna High Court, son of Late Ramawtar Prasad Khatri, resident of Moghalpura, Purani Chowki, Patna City, Patna-800 008. 4. Shree Syed Khalil Hasan, Advocate, Secretary, the Elder Lawyers’ Association, Patna High Court, son of Late Syed Wali Hasan, resident of New Azimabad Colony, Sandalpur, P.O.-Mahendru, Patna-800 006. .... .... Petitioners Versus 1. The State of Bihar, through the Secretary to the Government of Bihar in the Law (Legislative) Department, State Secretariat, Bihar Patna 2. The Bihar State Bar Council, Bar Council Bhawan, Patna High Court, Patna, through its Chairman. .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Kailash Behari Verma, Advocate with Mr. Daya Shankar Prasad, Advocate Mr. Yogendra Prasad Azad, Advocate Mr. Shyam Narayan Sinha, Advocate For the Respondents : Mr. Vikash Kumar, A.C. to AAG-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA Patna High Court CWJC No.12505 of 2011 (2) dt.09-09-2011 2 / 3 2 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 09-09-2011 The petitioner No.1, the Elder Lawyers’ Association and its office bearers have filed this petition under Article 226 of the Constitution to challenge the constitutional validity of sub- section (3) of Section 1 of the Bihar State Advocates Welfare Fund Act, 1983 insofar as it excludes the persons who have retired from service or are entitled for payment of retirement benefits from its employer from the purview of the Act. Learned advocate Mr. Kailash Bihari Verma has appeared for the petitioners. He has submitted that the petitioner No.1 is a registered society and has legal existence. The assertion is not supported by the relevant pleadings or the documentary evidence. Be that as it may, the aforesaid challenge has been considered by this Court in the matter of Kedar Nath Tiwari v. State of Bihar¸ [2011(2) PLJR 401]. The challenge to the constitutional validity of the above referred sub-section (3) of Section 1 was rejected. The present petition is, therefore, barred by principle of res judicata or at least by the principle of constructive res judicata. Learned advocate Mr. Verma has submitted that this time the petitioners have brought further materials on record which need to be considered. The matter, therefore, may be referred to a larger Bench. We are not impressed by the submission. Moreover, the petitioners have not disclosed the factum of the above referred writ petition and the judgment. Petition, therefore, deserves to be dismissed on the ground of suppression of material facts also. Patna High Court CWJC No.12505 of 2011 (2) dt.09-09-2011 3 / 3 3 For the aforesaid reason, Petition is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)