2025:JHHC:21719-DB Page 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3102 of 2021 ----- Industries and Commerce Association, a Limited Company duly registered under Section 25 of the Companies Act, 1956, having its registered office at I.C.O. Association Road P.O., P.S. and District Dhanbad – 826 001, Jharkhand through its President Baidya Nath Singh, Son of Late Hari Narayan Singh, resident of Ashok Nagar Colony, P.O. Dhansar – 826 106, P.S. Dhansar, District Dhanbad (Jharkhand). … … … Petitioner Versus 1. The State of Jharkhand, through the Secretary, Department of Mines and Geology, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi-834 002. 2. The Director (Mines), Department of Mines and Geology, Government of Jharkhand, having its office at Nepal House (Yojna Bhavan), P.O. Doranda, P.S. Doranda, District Ranchi- 834 002. 3. The Additional Director (Mines), Department of Mines and Geology, Government of Jharkhand, having its office at Nepal House (Yojna Bhawan), P.O. Doranda, P.S. Doranda, District Ranchi – 834 002 4. The Deputy Director (Mines), Department of Mines and Geology, Government of Jharkhand, having its office at Nepal House (Yojna Bhavan), P.O. Doranda, P.S. Doranda, District Ranchi- 834 002. 5. District Mining Officer, having its office at District Mining Office, Dhanbad P.O., P.S. and District Dhanbad. 6. Assistant Mining Officer, having its office at District Mining Office, Dhanbad P.O., P.S. and District Dhanbad. 7. Bharat Coking Coal Limited, having its registered office at Koyla Bhawan, Koyla Nagar, P.O. Koyla Nagar, P.S. Dhaiya, District Dhanbad- 826005, Jharkhand, through its Chairman-cum-Managing Director. 8. General Manager, M/s Bharat Coking Coal Limited, having its office at Koyla Bhawan, Koyla Nagar, P.O. Koyla Nagar, P.S. Dhaiya, District Dhanbad-826005, Jharkhand. … … … Respondents ------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Petitioner : Mr. V.P. Singh, Sr. Advocate. : Ms. Diksha Dwivedi, Advocate For the State : Mr. Shray Mishra, A.C. to A.G. For the Resp. (BCCL) : Mr. Ankit Vishal, Advocate ------ Order No.07/Dated 04thAugust, 2025 2025:JHHC:21719-DB Page 2 1. The writ petition has been filed through the Industries and Commerce Association. 2. We have passed an order on 31st July, 2024,at the behest of the learned Senior Counsel appearing for the petitioner, directing that instruction be obtained by filing an affidavit to that effect, enclosing a resolution signed by the members of the Association to maintain the writ petition on behalf of the Association. 3. However, no affidavit in terms of the aforesaid order has been filed. 4. In the aforesaid context, it needs to refer herein that it is settled position of law that a writ petition for enforcement of the rights of its members, as distinguished from the rights of the Association as a body, can be filed by the Association acting through its office bearers or members, whether the Association is registered or unregistered, incorporated or not, only when the Association can satisfy the Court that if an adverse decision is given in that petition, all the members of that Association or “Body of Individuals” will be bound by the decision. 5. If the aforesaid principle is not followed, immediately after adverse decision, any other members of the said Association may come before the Court in an independent writ petition saying that he has not been heard and he had not authorized such Association or office bearer or member to represent him in the litigation. 6. Therefore, to bind the members by the decision in a litigation brought before the Court on behalf of such members by any Association, it is necessary that such Association must clearly resolve that who authorized the Association to file such litigation. The resolution should also mention that the members will abide any decision rendered in such litigation. 2025:JHHC:21719-DB Page 3 7. On the basis of discussion made hereinabove, it is considered view of this Court that, in the absence of a resolution agreeing to file a writ petition through the Association, the writ petition cannot be entertained. 8. Considering the same, the writ petition is held to be not maintainable, since it has been filed through Association without a resolution. 9. However, in absence of the resolution, if any individual has a subsisting grievance, they may approach this Court by filing individual writ petition. 10. The filing of the writ petition, in such circumstances, will not be prejudiced by the disposal of the present writ petition. 11. With the aforesaid observation and direction, the instant writ petition stands disposed of. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Umesh/Abhishek