S. MOHAN (C J)

The question that arises for our determination is, whether an unregistered association can maintain a writ petition under Art.226 of the Constitution of India.

2. Learned counsel for the appellant wants to strongly rely upon the ruling of the Supreme Court in A.B.S.K. Sangh (Rly.) v. Union of India, 1981 AIR(SC) 298, 1981 (2) SCR 185, 1981 (1) SCC 246, 1980 LIC 1325, 1981 (1) LLJ 209, 1981 (1) LLN 27, 1980 SLJ 734, 1980 (3) SLR 645, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50 and particularly the observations in paragraph 63 at page 317.

3. As against this, learned Government pleader would rely upon a judgment of a Division Bench reported in Writ Appl. Nos. 49 to 52 and 58 to 60 of 1983, relied on in North Arcot District Pawn Brokers' Association v. Secy. to Govt. of India, (1975) 1 Mad LJ 290. Further reliance is placed on Umesh Chand v. Krishi Utpadan Mandi Samiti, 1984 AIR(All) 46 (FB).

4. Having regard to the recent trend of the case law enabling even a body of persons to agitate a common cause under writ jurisdiction, we are of the view that the Writ Appeal