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IN THE HIGH COURT AT CALCUTTA
Partha Sarathi Sen
Sandip Pramanik – Appellant
Versus
Union of India – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. The instant matter is taken up today for passing an appropriate order with regard to the maintainability of the instant writ petition which is in the nature of a Public Interest Litigation since the issue of maintainability was raised by the respondent no. 17.
2. At the time of hearing, Mr. Mookherjee, learned Senior Advocate appearing on behalf of the respondent no. 17 at the very outset draws attention of this Court to the prayers as made in the instant writ petition. It is submitted by Mr. Mookherjee that the crux of the instant writ petition is the alleged violation on the part of the respondent authorities regarding the different clauses of the notification dated 27.09.1996 (hereinafter referred to as the ‘said notification of 1996’) as published by Government of India, Ministry of Environment and Forest as well as the terms and conditions of the lease deed dated 28.06.2024 as executed in favour of the respondent no. 17 by the respondent no. 3 authority.
3. It is argued by Mr. Mookherjee that from the pleadings of the said writ petition it would reveal that the facts as involved in the instant writ petition are not correct, the same is found to
Public interest litigants must have clean hands and credible credentials, and the courts must validate claims to prevent frivolous petitions, while retaining the sanctity of public interest litigatio....
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
A challenge to a long-standing notification under the Muslim Wakfs Act after an undue delay is impermissible, reinforcing the finality of administrative actions.
Public Interest Litigation must be pursued in genuine public interest, not personal motives; misuse thereof may lead to dismissal with costs.
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
Public Interest Litigations must be filed by individuals with clean hands and bona fide intentions; failure to disclose criminal antecedents can lead to dismissal.
Public interest litigations must be filed by individuals acting bona fide in genuine public interest; misuse for personal motives is impermissible.
Public interest litigations must be genuine and not motivated by personal agendas; previous judgments on similar issues bind the parties, barring new petitions.
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