Wednesday, August 21, 2024

Chief Justice led Bench imposes fine on the petitioner for filing misconceived PIL

In Shrichand Yadav Vs. The State if Bihar, Patna High Court's bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy dismissed the writ petition. It found that the Public Interest Litigation (PIL) in question "to be misconceived and a clear abuse of the process of Court. We dismiss the writ petition with a cost of Rs. 5000/- payable to the Bihar State Legal Services Authority." The petitioner was before the Court to challenge the construction of a PACS godown. He had sought a direction to construct it in a specific locality within the village Mahamanna, Tekari, Gaya.

Government's counsel submitted that the petitioner’s contention that the villagers will have to cross a river is incorrect since there is an alternative road specifically indicated which leads to the godown. An enquiry was conducted through the Sub-Divisional Officer Tekari (Gaya).  It is as per the Circle Officer’s recommendation that the godown was constructed in the locality in which it is now being constructed.

The order reads:"The said amount will have to be paid within a period of two weeks, failing which the Bihar State Legal Services Authority will be entitled to proceed for recovery by taking measures similar to recovery of arrears due on land through the District Magistrate, in which event the petitioner shall also be liable for the charges incurred for making such recovery, which have to be recovered by the State."


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