An unregistered association does not have the locus standi to maintain a writ petition challenging individual demand orders served on its members.

K. Venkataswami, C. J.

1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by Rohtas Stone Crushers Laghu Udyog sangh, Karbundiya, Sasaram through its Secretary. The prayer reads as follows :

"1. That the instant writ petition is being filed by the petitioner, who is secretary of Rohtas Stones Crushers Laghu Udyog Sangh, karbundiya, Robtas (herein after to be referred to as Sangh) on behalf of its all members for quashing the various letters issued from time to time from the office of the respondent No.3 namely, the District Mines Officer, Rohtas at Sasaram (Annexure- 3 series)whereby the respondent have demand illegal royalty from the members of the petitioners Sangh without the mandate of law "

2. When the petition came up for admission we questioned the learned counsel appearing for the petitioner whether the Sangh is registered or unregistered one. We also indicated if it is an unregistered one the writ petition cannot be entertained. We adjourned the case on more than one occasion to enable the learned counsel to satisfy us regarding the maintainability of the writ petition filed by the unregistered Sangh. The learned counsel on the last adjourned date, namely, 30-1-95 cited a judgment of the Supreme Court reported in AIR 1981 SC 298 (A B S K. Sangh (Rly) V/s. Union of India ). He invited our attention to paragraph 63 of the judgment which reads as follows :

"a technical point is taken in the counter-affidavit that the 1st petitioner is an unrecognised association and that, therefore, the petition to that extent, is not sustainable; It has to be overruled. Whether the petitioners belong to a recognised union or not, the fact remains that a large body of persons with a common grievance exists and they have approached this Court under Article 32. Our current processual jurisprdence is not of individualistic Anglo-Indian mould. It is broad based and people oriented and envisions access to justice through class actions public interest litigation, and representative proceedings. Indeed, little Indians in large numbers seeking remedies in courts through collective proceedings, instead of being driven to an expensive plurality of litigations, is an affirmation of participative justice in our democracy. We have no hesitation in holding that the narrow concept of cause of action and person aggrieved and individual litigation is becoming odsolescent in some jurisdictions. It must fairly he stated that the learned Attorney General has taken no objection to a non recognised association maintaining the writ petitions. "

3. In the case on hand the names of the members of the Sangh are not disclosed and the grievances made out in the writ application are only the grievances of the members of the Sangh and not that of the Sangh as could be seen from the prayer extracted above. As a matter of fact, indivividual orders demanding royalty served on the members are under attack. In this background we have to consider whether the Sangh has locus standi to ventiulate the grievances of its members In AIR 1969 Cal 149 (D. G. O. F employees Assam V/s. Union of India) on the question of locus standi, D. Basu, j. observed as follows :

"9. In the case of a body incorporated by law, the corporate body acquires a legal personality of itself and is as such entitled to maintain legal proceedings. But an unincorporated association has no legal personality and it is nothing but an aggregation of its members who can only bring legal proceedings in their individual capacity. Even when all of them are affected by an official act, they can challenge that only if all the members join in the proceedings by name ; the association, in such a case, cannot maintain an application under Article 226 or other legal proceeding, in its own name, as has been established by a number of decisions (Indian Sugar Mills Assocn. V/s. Secy, to Govt, U P. Labour Depat, air 1951 All 1 (FB) ; General Secy- Eastern Zone insurance Employees a