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2013 Supreme(Jhk) 1225

IN THE HIGH COURT OF JHAKHAND AT RANCHI
D.N. Patel, A.C.J., Amitav K. Gupta, J.
Bhishma Singh - Petitioner
Versus
The State of Jharkhand & Others - Respondents
W.P.(PIL) No. 5500 of 2011
Decided on: 13th November, 2013

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vijay Shankar Prasad, Advocate
For the Respondents State: Mr. V.K. Prasad, S.C.(L & C)
For the Tata Steel :Mr. G.M. Mishra, Sr. Advocate

Headnote:Constitution of India–Article 226–PIL–Special Health Insurance Scheme launched by company—PIL cannot be filed for implementation of a contract which is purely private in nature---PIL dismissed.

ORDER

Per D.N. Patel, A.C.J.:

1. This petition has been preferred for the following prayers:-

“That in the instant Writ application the petitioner prays for issuance of an appropriate writ/writs, Order/Orders, Direction/Directions for commanding upon the respondents to act upon the agreement dated 20/08/2005 in between the State of Jharkhand and the Tata Steel Limited an existing Company under company Act 1956 regarding the special Health Insurance Scheme for the purpose of providing the medical Facilities to the family of the people below poverty line whereby and where under there is agreement dated 20/08/2005 in between State of Jharkhand and Tata Steel Limited for the purpose of providing the medical facilities regarding the special Health Insurance Scheme to the family of the people below poverty line for the period of thirty years for which the Company shall contribute a sum of Rs. 25 Crores Annually towards the premium of said scheme and in acknowledgement of participation of the company to the said scheme the State extends full cooperation to the company in settling its long pending issues related to the growth of the industries, housing and public utility purposes as recommended by the appropriate machinery committee but the respondents are not caring upon the said scheme which is highly in the interest of people of the State who is below poverty Line AND for issuance of a further writ/writs, order/orders, Direction/directions for commanding upon the concerned respondents authorities to for bear giving effects to or acting pursuant to or in furtherance the said matter.”

2. Counsel appearing for the petitioner has submitted that petitioner is the National General Secretary (India) of an organisation named as “International Human Rights Association” and the residential address given in the cause title is of a village Tamolia, DistrictSeraikela Kharsawan, Jharkhand. Nothing is mentioned about the activities of the petitioner nor about the fact that how they are getting financial support nor it is mentioned in the whole writ petition that how this petitioner has obtained Annexure1 which is a private agreement between respondent No.2, Chief Secretary of the State of Jharkhand and respondent No. 5 to 7. This is an agreement between the two parties and the major contention raised by the counsel for the petitioner is about the breach of an agreement and action to be taken against the respondent No. 5 to 7 for the alleged breach of the agreement. Counsel for the petitioner has also relied upon clause 6 of the Annexure1 (internal page 6 of the agreement).

3. The said clause 6 upon which the petitioner is harping reads as under:-

“6. The State shall extend full cooperation for extending facilities including housing over land of AppendixE of indenture of lease dated 20.08.2005.”

4. Counsel for the petitioner has submitted that State has extended several facilities to the respondent No. 5 to 7 and therefore, this facilities should be withdrawn or respondent No. 5 to 7 should pay the money which is agreed in this agreement to the Government.

5. Affidavits-in-Reply have been filed by the State and it has been stated that they have not extended any facilities to the respondent-Company. It has also been stated that there is some new scheme floated by the Central Government known as “Rashtriya Swasthya Bima Yojna”. Beacuse of this new scheme brought into force money which is to be given by the respondent No. 5 to 7 has to be properly utilised for the welfare of the public of State of Jharkhand for which the meetings are going on between the Chief Secretary of the State of Jharkhand and the other responsible officers of the State and respondent No. 5 to 7. Thus, parties to the agreement are concious about this aspect of the matter.

6. Counsel appearing for the State has submitted that this is not a public interest litigation at all. This is absolutely a private interest litigation. No detail of the activities of the petitioner has been mentioned.











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