IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8876 of 2002 DR.RAVIESHWAR PRASAD SINHA, son of late Rajeshwar Pd. Sinha, resident of Mohalla Nehru Nagar (Patliputra Colony), P.S. Patliputra, District Patna … Petitioner Versus 1. THE STATE OF BIHAR through the Secretary Health and Family Welfare, Govt. of Bihar cum/ And Chairman Bihar A.D.S. Control Society, Patna, Bihar 2. The Secretary Finance, Govt. of Bihar 3. The Director in Chief Health Service, Govt. of Bihar cum Member Bihar A.I.D.S. Control Society, Patna, Bihar 4. Director Health Services cum Project Director Member Secretary Bihar AIDS Control Society Patna, Bihar 5. Shashi Shekhar Lal Das, Finance Control Bihar A.I.D.S. Control Society with its Address State Health and Family Welfare Institute Building, Shekhpura, Patna … Respondents. ----------- 3. 21.6.2010 No one appears for the petitioner. Counsel for the State is present. The prayer in this writ application of the petitioner reads as follows: “This is an application for quashing the order dated 28th August, 2001 vide letter no. AIDS 1-36/97-1178 whereby the Signee inn the Finance Controller namely Shashi Shekarlal Das on the date of issuing the letter i.e. 28th August, 2001. The Finance Controller in the finance controller of the society an organization controlled and governed by the Govt. of Bihar Health and Family Welfare a registered organization registered 2 under Society Registration Act 1960 in the name and style of Bihar State Aids Control society controlled under State Health and Family Welfare in its organizational premises building Shekhpura Patna-14. And this is an application for issuance of writ, writs, order, direction, directions upon the respondents and issue rule NISI calling upon the records as well as the respondents as your Lordships deem think fit and thereafter hearing the parties may give appropriate order, orders, direction/ directions instruction/ instructions to pay the calculation amount as per the representation represented severally by the petitioner who has been now retired voluntand from the services of the Govt. of Bihar.” From the reading of the aforementioned prayer and the other averments in the writ application, it would be clear that the dispute with regard to refund of T.A. advance taken by the petitioner in capacity of an office bearer of a non-Government Organization (NGO), a voluntary organization named as Bihar State Aids Control Society is totally 3 misconceived, especially when the respondents in the counter affidavit have duly explained the accounts of petitioner having kept a sum of Rs. 7134/- beyond the amount of Rs. 56,866/- which was passed against the T.A. bill, whereas advance of Rs. 64,000/- was given to the petitioner. There is also no rejoinder to the counter affidavit duly served on the counsel for the petitioner on 30.9.2002 and therefore, the aforesaid facts asserted in the counter affidavit would be deemed to have been admitted by the petitioner. That being so, this Court would not find any merit in this application and the same is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/