IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No.825 of 2009
Dharmendra Kumar Sinha ... ... ... ... Petitioner
Versus
The State of Jharkhand and others... ... ... Respondents
------
CORAM: THE HON'BLE MR. JUSTICE M. Y. EQBAL
THE HON'BLE MR. JUSTICE D. K. SINHA
------
For the Petitioner: Mr. Om P. Singh
For the Respondents: Mr. R. Krishna, Sr. S.C.-I
------
Reserved on: 17.3.2009 Pronounced on: 8th May, 2009
M. Y. EQBAL, J. This writ petition by way of Public Interest Litigation has
been filed by the petitioner praying for issuance of a writ in the
nature of mandamus commanding upon and directing the
respondents especially respondent Nos.4 and 5, namely the Circle
Officer, Giridih and Sri Jharkhandi Prasad respectively, to vacate
the encroached land which is Gairmajarua Govt. land as the same is
used by the villagers as Aam Rasta to connect the Main Road by
taking appropriate legal action as well as to measure the land of
Khata No.7 Plot No.262 of Mauza Buxidih in view of the earlier
report submitted by the Circle Inspector, Giridih as some part of
plot no.262 was encroached by one Arjun Ram and others for the
purpose of growing paddy.
2. The petitioner, who is an Advocate and also claimed to be a
raiyat and aggrieved person, moved this court for the aforesaid
reliefs. The petitioner’s case is that he being the raiyat of village
Buxidih situated within the district of Giridih, used the
aforementioned land which is a Gairmajarua Govt. land. The said
land is Aam rasta which is the only road to connect the village. It is
alleged that recently in the year 2002, one Arjun Ram, Tipan Ram
and Moti Lal Ram have forcibly encroached some of the lands of
Plot No.262 for personal use and with this respect a complaint was
made before the authority to do the needful, upon which a report
was submitted by the Circle Inspector, Giridih representing the
land of plot no.262 as Gairmajarua land used as Aam rasta. It is
further stated that recently respondent No.5 started digging some
part of the plot and encroaching the same which was objected by
the villagers but they are being musclemen forcibly encroached the
2 W.P. (PIL) No.825 of 2009
land which created great trouble to the village people. Due to
encroachment, the petitioner and other persons are facing
difficulties and problems which necessitated the filing of this writ
petition by way of Public Interest Litigation.
3. We have heard the learned counsels appearing for the
parties.
4. For the history of Public Interest Litigation movement we
gather the case of S.P. Gupta Vs. President of India (AIR 1982 S.C.
149). In that case, it was held that any number of public or social
action group acting bona fide can invoke the writ jurisdiction of the
High Court or the Supreme Court seeking redressal against
violation of legal or constitutional rights of persons who due to
social or economic or disability cannot approach the Court. As a
matter of fact, public interest litigation has been given recognition
for the purpose of bringing justice within the reach of poor masses
who constitute the low visibility area of immunity. Public Interest
Litigation cannot be brought for the purpose of enforcing the right
of one individual against another, but it is intended to promote and
indicate public interest in the matter of violation of constitutional or
legal right of large number of people who are poor, ignorant or in a
socially or economically or disadvantageous position, should not
go unnoticed and unredressed.
5. In the facts and circumstances of the case, we dispose of this
writ petition with a direction to the petitioner to move the Deputy
Commissioner, Giridih in a representative capacity and to put their
grievances. In the event, petitioners approach the Deputy
Commissioner by filing detailed representative, the Deputy
Commissioner shall consider the grievances of the petitioners and
take appropriate action in accordance with law by passing a
reasoned order.
( M.Y,.Eqbal,J.)
D.K.Sinha,J.
( D.K.Sinha,J.)
Manoj/A.F.R.