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2021 Supreme(Pat) 1135

IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJAY KAROL, CJ. and P. B. BAJANTHRI, J.
CWJC No. 17483 of 2021
(1.11.2021)
Om Prakash Mandal ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioner: Mr. Rajnish Chandra.
For the Respondent: Mr. Satya Vrat.

Headnote:

Constitution of India – Article 226 – Petition for directing respondent authority to make proper enquiry/investigation for work done in Rangra Panchayat by Ward member and other agencies under control of Mukhiya of Rangra Panchayat and also directing to complete work done in last five years – Petitioner shall approach authority concerned within a period of four weeks from today by filing a representation for redressal of grievance(s) – Authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from date of its filing along with a copy of this order – While considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to parties – Equally, liberty is reserved to petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law – As and when petitioner takes recourse to such remedies, as are otherwise available in law, before appropriate forum, same shall be dealt with, in accordance with law and with reasonable dispatch – Liberty reserved to petitioner to approach Court, if need so rises subsequently on same and subsequent cause of action. (Paras 3 to 5)

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 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 [R&M Trust vs. 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 vs. S.B. Vohra [Union of India vs. 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 is of a most extensive remedial nature. The object of mandamus is to prevent disorder from a failure of justice and is required to be granted in all cases where law has established no specific remedy and whether justice despite demanded has not been granted.”

38. A salutary principle or a well-recognised rule that needs to be kept in mind before issuing a writ of mandamus was stated in Saraswati Industrial Syndicate Ltd. vs. Union of India [Saraswati Industrial Syndicate Ltd. vs. Union of India, (1974) 2 SCC 630] in the following

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