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DELHI HIGH COURT
D.N.PATEL, JASMEET SINGH
Srishti Dalit Samaj Kalyan Sudhar Samiti, Regd. – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. public interest litigation prayers (Para 2) |
| 2. seeking compliance with government circular (Para 3) |
| 3. presumption of compliance by respondents (Para 4 , 5) |
| 4. writ petition dismissed for lack of specifics (Para 6) |
JUDGMENT
D.N.Patel, Chief Justice (Oral)
CM APPL. 10984/2021 (exemption)
Allowed, subject to just exceptions.
W.P.(C) 3618/2021
2. This so called public interest litigation has been preferred with the following prayers:-
"a) Rule nisi be issued and be affirmed after notice to the respondents, and /or
b) Issue writ of mandamus thereby directing the respondents to comply with the circular bearing no. F.28(4)/2008/F&S/P&C/952-964 dated 25.09.19 passed by Sh. Desh Raj Singh, Assistant Commissioner (Policy) office of the Commissioners Food Supply & Consumer Affairs, Govt. of Delhi
c) And the cost of writ petition also be awarded in favour of the petitioner.
d) Any other order or relief, which this Hon'ble court may deems fit and proper under the facts and circumstances of the case be also awarded in the interest of justice and in favour of the petitioner and against the respondent."
3. Having heard the counsels for both the sides and looking into the facts
Public interest litigation requires clear identification of violations and proper parties; mere claims lack standing for enforcement action.
Public interest litigation cannot seek mere implementation of a policy; proper legal channels must address specific violations of the policy instead.
The court established that the provisions of the National Food Security Act impose a duty on the government to ensure the supply of nutritious food to vulnerable populations, and any arbitrary withdr....
Public Interest Litigation requires specific violations to be actionable; existing laws already address grievances.
The legal principle established is that law enforcement agencies are obligated to comply with Supreme Court guidelines regarding the registration of FIRs, and failure to do so can lead to accountabil....
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