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1 - 2 of 2 (0.20 seconds)Dir. Of Settlements, A.P. & Ors vs M.R. Apparao & Anr on 20 March, 2002
In respect of the
decisions in case of Director of Settlements, A.P. and ors vs.
M.R.Apparao and anr. reported in (2002) 4 SCC page 638 the
Apex Court has now laid down in unequivocal terms the test required
to be passed by the public spirited citizen for maintaining petition
under the public interest litigation and in our High Court also
there are rules governing the petitions to be filed as public
interest litigation and those petitions are required to be filed
under the nomenclature qua public interest litigation or public
interest writ petition. Admittedly, this petition does not qualify
any of the norms mentioned in the list nor has the petitioner
claimed, in any manner for this petition is filed by way of public
interest litigation. Therefore, in my view this petitions required
to be dismissed without examining the matter on merits as the
petitioner has no locus standi to maintain this petition if each and
every citizen without any personal injury is permitted to file
petition of this nature then I am afraid that would amount to take
greater injustice to rule of law which would not book such kind of
approach on the part of the citizen therefore without going into the
merits of the matter, this petition is required to be dismissed.
Notice is discharged with no order as to costs. This dismissal shall
not come in the way of the petitioner in filing appropriate petition
by way of public interest litigation if he is qualified to file such
a petition in view of the 'The High Court of Gujarat (Practice and
Procedure for Public Interest Litigation) Rules,2010. At this stage,
Ms. Vishen has contended that Court may observe that the Court has
not decided in any manner against the such power and or decision for
issuing circular. This request is misconceived as the Court has in
terms stated hereinabove that the Court has not touched the merits
of the matter qua the circular in question. The Court has dismissed
the petition only on ground of lack of locus standi in the
petitioner to maintain this petition in this form, in his personal
capacity and as a public spirited litigation; if and when such
petitions are filed the State's right to oppose the same on account
of the petitioner in being public interest litigation is always
open. State has considered its being a public spirited litigation.
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