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VIPIN SANGHI, RAKESH THAPLIYAL
Hamza – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
The present Public Interest Litigation has been preferred by the six petitioners, who are the residents of District Haridwar, with the following reliefs:-
(2) Issue a writ order or direction in the nature of Mandamus to Shift/Reconstruct Dharmik Sthal were demolished/removed at the name of violation of law in the compliance of G.O. Dated 17.05.2016.
(3) Issue a writ order or direction in the nature of Mandamus directing the respondents not to adopt any coercive measures against any Dharmik Sthal Without Opportunity of hearing to the Parties.
(4) Issue a writ order of direction before removal/demolish any dharmik Sthal Publish Public Notice in nationalized Paper.
(5) Issue a writ or direction in the nature of mandamus not to adopt any coercive measure against any Dharmik Sthal which is protected by G.O Dated 17.05.2016 till the pendency of PIL.”
2. The petitioners submit in paragraphs 5, 6, 9 and 10 that the alleged dharmik sthal is a religi
The duty of the counsel to disclose all relevant and material facts, the need for caution and circumspection in filing Public Interest Litigations, and the consequences of deliberate suppression of f....
The main legal point established in the judgment is the importance of genuine public interest litigation, the duty of petitioners to disclose their credentials and the public cause they seek to espou....
Public Interest Litigations must be filed by individuals with clean hands and bona fide intentions; failure to disclose criminal antecedents can lead to dismissal.
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 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....
The court emphasized the importance of genuine public interest, the need for sufficient interest in the proceeding of public interest litigation, and the requirement to satisfy parameters such as dis....
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