IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL). No. 1292 of 2002
Sanjiv Kumar Mishra .... ... Petitioner
Versus
The State of Jharkhand & others ..... ... Respondents
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CORAM : HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioner : Mr. Prashant Pallav, Advocate
For the Respondents : J.C. to A.G.
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Order No.14 Dated: 18th of May, 2011
This writ petition has been filed in the form of Public Interest
Litigation in the year 2002 and the petitioner used to appear in person to
pursue this petition. The detailed orders were passed by this Court on 20th
March 2002 and 21st March 2002. Order dated 21st March 2002 was
challenged before the Hon’ble Supreme Court in Civil Appeal No. 3278 of
2003 and operation of the order dated 21st March 2002 was stayed by the
Hon’ble Supreme Court and it was confirmed and ultimately by order dated
27th January 2011, the Hon’ble Supreme Court observed that learned counsel
appearing for the appellant-the Administrator, Ranchi Municipal Corporation
gave statement showing the details of the steps taken by the Ranchi
Municipal Corporation to provide public convenience during the period from
2001-02 to 2010-2011. In view of the above, the Hon’ble Supreme Court
found that there is no justification to interfere with the direction given by this
Court dated 21st March, 2002.
After the order dated 21st March 2002, on 23rd April 2002, a detailed
order was passed by this Court and some directions were given to the Ranchi
Municipal Corporation, Ranchi. It appears that on 9th May, 2002, it has been
noticed by a Division Bench of this Court that Secretary to the Chief Minister
has filed his personal affidavit pursuant to the orders passed by this Court
dated 23rd and 25th April, 2002 and he enclosed a copy of the minutes of the
meeting held on 26th April 2002. After taking note of the minutes, the matter
was adjourned for four weeks with direction to the Secretary to the Chief
Minister to file his personal affidavit again with respect to the action taken on
the issues mentioned in the order dated 9th May 2002 and further direction
was given to the Secretary to the Chief Minister to continue to monitor and
co-ordinate with all the departments concerned for the progress with respect
to the action required to be taken and after noticing the order dated 3 rd May,
2002 passed by the Hon’ble Supreme Court, on 15th May 2002, this petition
was adjourned sine die and on 2nd May 2011, the order of the Hon’ble
Supreme Court dated 27th January 2011 passed in Civil Appeal No. 3278 of
2003 was placed before the Bench and on that day, since the petitioner was
not present, therefore, matter was adjourned by directing the office to issue
notice to the petitioner.
Today, learned counsel for the petitioner appears and submits that
though he has filed Power on behalf of the petitioner, he has no copy of the
writ petition and the same situation is with the counsel appearing for the
State, who also states that he has no copy of the present writ petition.
Since, it is a public interest litigation involving cleanness of the city of
Ranchi, we direct the office to provide a complete set of writ petition and
also provide the copies of the orders mentioned above as well as copy of this
order to the counsel appearing on behalf of the parties.
Since it is a matter relating to the issue of cleanness of the city of
Ranchi and that issue is still lying even after lapse of about nine years, we
direct the State to submit the status report with respect to the action taken by
them for providing the people cleanness in the city of Ranchi.
Post this matter on 13th June 2011.
(Prakash Tatia, A.C.J.)
( H. C. Mishra, J.)
APK/R.Kr.