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PRITINKER DIWAKER, SAUMITRA DAYAL SINGH
Gajanan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Present petition styled as a public interest litigation has been filed by the petitioner describing himself to be a practicing Advocate at the civil court Bhinga, Shrawasti. He seeks direction upon the Chairman/Member Secretary, U.P. Pollution Control Board, Lucknow to take disciplinary action against private respondent nos.4 & 5 were Regional Officer, U.P. Pollution Control Board and J.R.F., U.P. Pollution Control Board respectively. Further direction has been sought for decision on the petitioner's application/representation dated 28.1.2023 filed on affidavit addressed to the Chairman, U.P. Pollution Control Board.
2. At the outset, preliminary objection has been raised by learned Standing Counsel both as to the earlier similar petition filed by the petitioner which has been dismissed and also on account of the fact that the petitioner being a practicing Advocate is not an expert in the field of pollution. He may not have filed the present petition. Present petition has been described as a colourable proceeding instituted to achieve collateral purpose. He has relied on a decision of the co-ordinate Bench of this Court in Gurmeet Singh Soni (Advocate) vs State of U.P.
The judgment emphasizes the importance of genuine public interest litigation and discourages frivolous petitions. It highlights the limitations of mandamus in the absence of a pre-existing statutory ....
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
The court emphasized the need for petitioners in public interest litigation to come with clean hands and be above suspicion, and laid down parameters to prevent misuse of public interest litigation.
The Court emphasizes the need for genuine public interest in Public Interest Litigation and dismisses frivolous PILs lacking public interest.
The court emphasized the necessity for petitioners in Public Interest Litigations to disclose their credentials to establish genuine public interest and discourage frivolous filings.
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