IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15523 of 2005 Gramin Evam Nagar Vikash Parishad, a voluntary organization, through its General Secretary, Ram Kishore Prasad Singh, son of Sri Satya Narayan Singh, resident of 101, Patliputra Enclave, North Nehru Nagar, Patliputra Colony, P.S. Patliputra, Patna. …………Petitioner. Versus 1. State of Bihar through Chief Secretary, State of Bihar, Patna. 2. Secretary, Department of Health, State of Bihar, Patna. 3. Bihar State AIDS Control Society through Executive Director cum- Special Secretary, Bihar State AIDS Control Society, State Institute of Health and Family Welfare Building, Sheikhpura, Patna, Bihar. 4. Project Director, Bihar State AIDS Control Society, State Institute of Health and Family Welfare Building, Sheikhpura, Patna. 5. Non Governmental Organisation’s Advisor, Bihar State AIDS Control Society, State Institute of Health and Family Welfare Building, Patna, Bihar. 6. Union of India through Secretary Health, Government of India, New Delhi. 7. National AIDS Control Organisation (NACO), through Director General NACO, 9th Floor, Chandralok Building, Janpath, New Delhi- 1. ….Respondents. ----------- For the petitioner : Mr. Ashok Kumar Choudhary, Advocate. For respondent no.1 & 2 : Mr. Shashi Shekhar Pd. Singh, A. C. to G.P.17 For respondent no.3 & 4 : Mr. Jitendra Singh, Senior Advocate with Mr. Bishwajeet Singh, Advocate. For the Union of India : Mr. P.L. Jaiswal, C.G.C. ________ 05/ 15.11.2011 Heard learned counsel for the petitioner and learned counsel for the Bihar State AIDS Control Society (respondent no.3) and learned counsel for the State of Bihar and its authorities and also learned counsel for the Union of India and its authorities. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) Quashing of the notification issued by respondent no.3 in the daily newspaper “Hindustan” dated 05.12.2005 and also published in the Times of India dated 07.12.2005 wherein and whereby the petitioner has been black listed by respondent authorities along with 5 other NGOs adversely damaging the reputation and - 2 - credibility of the petitioner and maligning its image in society without any reason, without giving the petitioner any opportunity to place his case, further going beyond the ambit of Management Procedures and operating Manual, the Charter of Management between the petitioner and the respondents. (ii) Quashing of order dated 15.12.2004 passed by respondent no.4 arbitrarily and without following the rule of natural justice and violating the Manual. (iii) Further to reimburse of Rs.6,13,589.50 (Rs.Six Lacs thirteen thousand five hundred eighty nine and paise fifty) only to the petitioner on account of the amount receivable by the petitioner incurred by the petitioner in the project and for which audited accounts were submitted time to time and admitted by the respondents. (iv) Further to pay Rs.5,00,000.00 as damage to the petitioner because of the public notices with respect to black listing of the petitioner which has adversely affected the reputation of the petitioner. (v) Further to restrain the respondents from taking any step which is further going to adversely affect the reputation of the petitioner and also to restrain and also, (vi) To restrain the respondents from taking any further step in retaliation to this writ petition vindictively and further to pass any other order/s deem fit in the facts and circumstances of this case. 3. It is stated by learned counsel for all the parties that the order with regard to black listing the petitioner’s firm stands already withdrawn and hence the grievance of the petitioner with respect thereto has already been redressed and only the question of payment of the amount sought to be reimbursed and the cost of damage etc. remain to be considered. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to approach - 3 - the Project Director, Bihar State AIDS Control Society (respondents no.4) along with an application giving details of his claim. If such an application is filed by the petitioner within fifteen days along with a copy of this order, the said authority shall decide it in accordance with law by a reasoned order within three months thereafter. If any amount or interest is found admitted and payable, it should be paid to the petitioner immediately. However, if any amount is not found admitted and payable, the petitioner will be at liberty to challenge the same before an appropriate forum. Sunil/ (S. N. Hussain, J.)