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Matters that are directed against one organisation or individual should not be entertained or be rarely entertained by PIL: High Court of Patna

Courts ought to be somewhat more liberal in entertaining public interest litigation. However, in matters that may not be of moment or a litigation essentially directed against one organisation or individual ought not to be entertained or should be rarely entertained. Other remedies are also available to public spirited litigants, they should be encouraged to avail of such remedies and the same was upheld by High Court of Patna through the learned bench led by JUSTICE S. KUMAR in the case of Banshi Dhar Brajwasi vs. The State of Bihar [Case No.2935 of 2022] on 11.03.2022.

The facts of the case are that an application was issued commanding the Respondents for setting aside the amalgamation of Primary School, Kharhar Anusuchit Jati from Govt. Elevated Middle School Chapra, Anusuchit Jati issued by Respondent no. 10 and further commanding the Respondents for running the School namely Primary School Kharhar Anusuchit Jati separately in light of availability of donated land by the public of the Area for the said Primary School, Kharhar Anusuchit Jati, by further directing them for construction of school building for running the said school smoothly.

The respondent’s counsel stated that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order. It was stated that while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

The state’s counsel opposes the petition stating that the petition is misconceived, raises disputed question of fact, is not in public interest and that the issue and can be best resolved at the local level by the appropriate authorities.

The Court held that petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievances and therefore, the petition was disposed. The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing.

The Court observed that, “courts ought to be somewhat more liberal in entertaining public interest litigation. However, in matters that may not be of moment or a litigation essentially directed against one organisation or individual ought not to be entertained or should be rarely entertained. Other remedies are also available to public spirited litigants and they should be encouraged to avail of such remedies. It has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the court.”

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Judgment reviewed by – Shristi Suman

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