The court emphasized the liberal approach in entertaining public interest litigation and highlighted the principles of mandamus and the need for a distinct demand and refusal before issuing a writ of mandamus.

JUDGMENT :

S. KUMAR, J.

(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

I. To stay the construction work of Panchayat Bhawan being built on a disputed land which is at a distance of 02 kilometer from the Nerut Village forthwith.

II. To direct the concerned Respondents to dispose the Representation filed by the petitioner on 29.12.2020 forthwith.

III. To direct the concerned Respondents to construct the Panchayat Bhawan on Garmajarua Land available near the Nerut village forthwith.

IV. To a Title Suit No. 148/2020 (Arbind Kumar & others Versus Ramesh Kumar & others) is pending in the court of Sub-Judge-I, Biharsharif, District-Nalanda regarding the disputed land on which the Panchayat Bhawan is currently being constructed on.

V. To grant any other relief/reliefs which the petitioner is found entitled in the facts and circumstances of the case.”

The Hon’ble Supreme Court in D.N. Jeevaraj Vs. Chief Secretary, Government of Karnataka & Ors, (2016) 2 SCC 653, paragraphs 34 to 38 observed as under:-

“34. The learned counsel for the parties addressed us on the question of the bona fides of Nagalaxmi Bai in filing a public interest litigation. We leave this question open and do not express any opinion on the correctness or otherwise of the decision of the High Court in this regard.

35. However, we note that generally speaking, procedural technicalities ought to take a back seat in public interest litigation. This Court held in Rural Litigation and Entitlement Kendra v. State of U.P., 1989 Supp (1) SCC 504 to this effect as follows: (SCC p. 515, para 16)

“16. The writ petitions before us are not inter parties disputes and have been raised by way of public interest litigation and the controversy before the court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or stopped. We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time 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.”

36. A considerable amount has been said about public interest litigation in R&M Trust v. Koramangala Residents Vigilance Group, (2005) 3 SCC 91 and it is not necessary for us to dwell any further on this except to say that in issues pertaining to good governance, the 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 (such as the present litigation which was directed only against Sadananda Gowda and later Jeevaraj was impleaded) 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.

37. In such cases, that might not strictly fall in the category of public interest litigation and for which other remedies are available, insofar as the issuance of a writ of mandamus is concerned, this Court held in Union of India v. S.B. Vohra, (2004) 2 SCC 150: 2004 SCC (L&S) 363 that: (SCC p. 160, paras 12-13)

“12. Mandamus literally means a command. The essence of mandamus in England was that it was a royal command issued by the King's Bench (now Queen's Bench) directing performance of a public legal duty.

13. A writ of mandamus is issued in favour of a person who establishes a legal right in himself. A writ of mandamus is issued against a person who has a legal duty to perform but has failed and/or neglected to do so. Such a legal duty emanates from either in discharge of a public duty or by operation of law. The writ of mandamus