State of Jharkhand vs Shiv Shankar Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1147

UDAY UMESH LALIT, S. RAVINDRA BHAT, SUDHANSHU DHULIA
State of Jharkhand – Appellant
Versus
Shiv Shankar Sharma – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Mukul Rohatgi, Sr. Adv. Ms. Meenakshi Arora, Sr. Adv. Mr. Dhawal Mohan, AOR Ms. Adya Sree Dutta, Adv. Mr. Kapil Sibal, Sr. Adv. Mr. Rajiv Ranjan, Sr. Adv. Mr. Arunabh Chowdhury, Sr. Adv. Ms. Pragya Baghel, Adv. Mr. Jayant Mohan, Adv. Ms. Pallavi Langar, AOR Ms. Anusha, Adv. Ms. Aprajita Jamwal, Adv. Mr. Jayant Mohan, Adv. Mr. Karma Dorjee, Adv. Mr. D.W. Lachungpa, Adv. Ms. Anuradha M. Sethi, Adv. Ms. Adya Shree Dutta, Adv.
For the Respondent(s): Mr. Abhinav Ramkrishna, AOR Mr. Abhishek Rai, Adv. Mr. S.V. Raju, ASG Mr. K.M. Nataraj, ASG Mr. Kanu Agrawal, Adv. Mr. Shantnu Sharma, Adv. Mr. Vatsal Joshi, Adv. Mr. Vinayak Sharma, Adv. Ms. Indira Bhakar, Adv. Mr. Sharath Nambiar, Adv. Mr. Anuj S. Udupa, Adv. Mr. Nakul Chengappa K.K., Adv. Mr. Chitransh Sharma, Adv. Ms. Akriti M., Adv. Mr. Madhav Sinhal, Adv. Mr. Aniruddh Sharma, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Anshuman Singh, Adv. Mr. Ankit Bhatia, Adv. Mr. Harsh Paul Singh, Adv. Mr. Hitarth Raja, Adv.

JUDGMENT :

SUDHANSHU DHULIA, J.

Leave granted.

1. The above two petitions have been filed before this Court by the State of Jharkhand through the Resident Commissioner, challenging the orders dated 03.06.2022 passed by the Division Bench of the High Court of Jharkhand, where the High Court has ordered that the PILs filed by respondent no. 1 before the Jharkhand High Court are maintainable, and thus the High Court decided to proceed with the matter on its merits. The petitioner here poses a challenge to the very maintainability of these two PILs. After hearing the parties at length, this Court vide its order dated 17.08.2022 had reserved its orders and directed that meanwhile the High Court shall not proceed further with the matter.

2. The question before this Court is whether the petitions which have been filed before the Jharkhand High Court in the form of Public Interest Litigations are maintainable in view of the settled position of law laid down by this Court in several of its earlier decisions. The question is also whether these PILs comply with the provisions of the Rules relating to the Public Interest Litigations, which is the Jharkhand High Court (Public Interest Litigation) R

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2022 Supreme(SC) 1147

UDAY UMESH LALIT, S. RAVINDRA BHAT, SUDHANSHU DHULIAState of Jharkhand – AppellantVersusShiv Shankar Sharma – Respondent

Cases Referred (9)

UDAY UMESH LALIT, S. RAVINDRA BHAT, SUDHANSHU DHULIA
State of Jharkhand – Appellant
Versus
Shiv Shankar Sharma – Respondent