IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3396 of 2009 RASHBIHARI MISHRA, Son of Laxmi Mishra, resident of village and P.O. Purandaha Rajwada, P.S. Sonbarsa, district Sitamarhi, at present Patna Zila Khadi Gramodyog Sangh, Usri Sikarpur, P.S. Danapur, District patna ……… Petitioner Versus 1. THE SECRETARY,PATNA ZILA KHADI GRAM UDYOG SANGH, Head Office Ashok Rajpath, Muradpur, Patna-4 2. The State Director, State Office, KVIC near Vetenary College, Shekhpura, Patna. 3. Secretary (Mantri), Bihar Khadi Gram Udyog Sangh, Sarvodya Gram, Muzaffarpur-2. 4. Manager, Danapur Cantt, Patna Zila Khadi Gram Udyog Sangh. ……… Respondents. ------ 3 08.04.2009 Heard counsel for the petitioner and counsel for the respondent No.2, the Director, State Office, KVIC. On the earlier occasion when this writ application was heard counsel was asked to satisfy this Court as to whether the Patna Zila Khadi Gram Udyog Sangh, under which the petitioner is said to have been employed and under whose order the petitioner has been placed under suspension, is a state within the meaning of Article, 12 of the constitution so as to hold that this writ application maintainable. No material has been brought on record by the petitioner either in the writ application or by way of supplementary affidavit even after indulgence given by this Court in the earlier order dated 23.3.2009. Counsel 2 on the other hand would submit that a similar matter is being examined by this Court in C.W.J.C. No. 4339 of 2009. It is thus clear on the own showing of the petitioner that till date this Court has not held such Zila Khadi Gram Udyog Sangh, the District unit, to be state within the meaning of Article, 12 of the constitution of India. On the other hand, counsel for the respondent No.2 has produced an order dated 1.10.2008 in C.W.J.C.No.3120 of 2007, a writ application filed by the petitioner himself wherein this Court has directly answered this very question in the following terms:- 3. It appears on a perusal of the materials on record and consideration of the submissions of learned counsel for the parties that Patna Zila Khadi Gramodyog Sangh is registered under the Societies Registration Act of 1860. It is evidently not ‘State’ within the meaning of Article 12 of the Constitution of India and, therefore, this writ petition is not maintainable. I had the occasion to deal with an identical matter in CWJC No. 13383 of 2004 (Ram Briksh Prasad vs. Khadi & Village Industries Commission & Ors.) which was rejected on the identical ground by order dt. 4.7.2005. 4. The writ petition is dismissed.” Thus, whereas this order has directly answered the question against the petitioner in his own earlier writ petition, the plea of the counsel that some other mater is still pending before the learned Single Judge, can hardly be a reason to adjourn the case for a period of two weeks as sought for by counsel for the petitioner. 3 That apart, counsel for the petitioner also submits that the order of suspension passed has already merged into an order of dismissal. It is also not disputed that such order of dismissal under the Rules is appelable. In that view of the matter as well this application on account of subsequent event has become infructuous. Be that as it may, as the writ application has been filed against the District Unit of Khadi Gramodyog Sangh and the cause of action has also disappeared, the same must be dismissed specially when on an earlier occasion the writ application of this very petitioner almost on same ground was dismissed by this Court by the aforesaid order dated 1.10.2008 in C.W.J.C. No. 3120 of 2007. This writ application is accordingly dismissed. Bibhash (Mihir Kumar Jha, J.)