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1999 (5) TMI 609

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....unicipal Corporations of Patna, Darbhanga, Arrah and Begusarai) (Respondents 5 to 28) and Sulabh International, a Non - Government Social Service Organisation (respondent no. 29) and its founder Bindeshwar Pathak (as respondent no. 30). The writ petition seeks two reliefs which are quite unrelated to each other. He first makes a prayer for a direction to the Urban Development Departments to ask all the Municipal Corporations/Municipalities in the State to give contract of maintenance of public lavatories situate within their respective areas on the basis of public auction after making a public advertisement for the purpose. He secondly, makes a prayer to direct the State Government to institute an 'independent enquiry into the misapprop....

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....ed with cost of Rs. 2,500/ -. The cost shall be paid within a fortnight to the Patna High Court Council of Legal Aid and Advice. Let a copy of this order be sent to the Secretary, Patna High Court Council of Legal Aid and Advice." It was perhaps in view of the aforesaid facts and circumstances that Mr. Ram Salak Mahto, Senior counsel appearing for the petitioner did not say any thing in support of the second relief but confined his submission only in respect of the first relief concerning the contract of maintenance of public lavatories popularly known as 'Sulabh Shauchalaya'. As Mr. Mahto did not make any submission concerning the second relief it is not needed to say anything further in that regard. 4. Turning now to the ....

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....tate and scavengers carrying nightsoil on their heads was a familiar sight in the lanes and streets of the State Capital. The practice was so old established that to most it was an unimutable fact of life. It is stated in the counter affidavit filed on behalf of the State that at that time Sulabh Sauchalya (later known as Sulabh International, respondent no. 29) was among the first to challenge this practice and to call it the sign of degradation of man Sulabh Sauchalaya not only advocated for abolishing the practice of scavengers carrying night -soil on their heads but also suggested the means to do so. It took up the scheme for conversion of service latrines into Water Seal Pot Hole Latrines (Sulabh Sauchalayas). The State Government on t....

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....ving the job to agencies duly recognised by it.   8. In this regard, it is stated in the counter affidavit filed on behalf of the State that by letter no. 4486, dated 31.8.1984 applications were invited from as many as 27 voluntary organisations which claimed to have experience in the field of conversion of service latrines and construction of public toilet so that they may also be granted recognition by the Government. The petitioner was one of the applicants and its claim was considered by the Government and finally rejected by letter no. 530, dated 6.2.1986 (Annexures 'H' and 'I' to the counter affidavit). 9. It is further stated that in the year, 1990 notices were issued in the newspaper inviting applications ....