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SANJAY KAROL, P. B. BAJANTHRI
Om Prakash Mandal – Appellant
Versus
State of Bihar – Respondent
Sanjay Karol, CJ.—Heard learned counsel for the parties. Petitioner has prayed for the following relief(s):—
“For insuance of appropriate writ for directing the respondent authority to make proper enquiry/investigation for the work done in Rangra Panchayat by the Ward member and other agencies under the control of Mukhiya of Rangra Panchayat and also directing to complete the work done in the last five years.”
2. 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 vs. State of U.P. [Rural Litigation and Entitlement Kendra vs. State of U.P., 1989 Supp (1) SCC 504] to this effect as follows: (SCC p. 515, para 16)
“16. The
Courts should adopt a liberal approach in entertaining public interest litigation in issues pertaining to good governance and emphasize the importance of following principles of natural justice.
The court highlighted the importance of procedural technicalities in public interest litigation and the principles of issuing a writ of mandamus.
Procedural technicalities should take a back seat in public interest litigation, and the principles of issuing a writ of mandamus and the need for a demand for performance before its application are ....
The court emphasized the significance of public interest litigation, the principles of mandamus, and the requirement of a distinct demand for performance before issuing a writ.
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....
Consideration of public interest in litigation, importance of procedural technicalities, principles of natural justice, and availability of alternative remedies.
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