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SANJAY KAROL, S. KUMAR
Bihar Agriculture Post-Graduate Association – Appellant
Versus
State of Bihar – Respondent
S. Kumar, J.—Heard learned counsel for the parties.
2. Petitioner has prayed for the following relief(s).
“(i) To issue writ in the nature of writ of mandamus or any writ order, direction directing the Respondents particularly, Respondent No. 2 to 5 to henceforth, immediately take action in pursuant to the Inquiry Report dated 20.11.2016 (Anneuxre__) submitted by the Hon’ble Mr. Justice Syed Md. Mahfooz Alam, regarding irregularities in appointment & construction work of Respondent No.3. (ii) To issue writ in the nature of writ of mandamus or any writ order direction directing the Respondent No. 3 to 5 henceforth to comply the letter No. BAU- 01/2018-19 dated 12.02.2021 issued by the Respondent No.2, in its letter & spirit.
3. Learned counsel for the State opposes the petition stating that the petition is misconceived; raises disputed question of fact; is not in public interest; and that the issue can be best resolved at the local level by the appropriate authorities.
4. After the matter was heard for some time, finding the Bench not to be agreeable with the submissions made by learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that petit
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.
The application of principles of natural justice and the availability of alternative remedies in accordance with the law.
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.
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