Lawstreet Journal

Petitioners Should Wait For A Response After Making Representation To Authorities Before Filing PILs : Orissa HC

Lawstreet Journal 6 Apr 2021 2:59am

Image courtesy: Lawstreet Journal Judiciary Petitioners Should Wait For A Response After Making Representation To Authorities Before Filing PILs : Orissa HC

A large number of petitioners in Public Interest Litigation (PIL) cases file writ petitions without waiting for an answer. Commenting on the same,  the Orissa High Court recently dismissed a Writ Petition on Tuesday (March 30th 2021) while making it clear that the petitioner has to allow the opposing parties at least time of two months to decide on their representation.

The bench of Chief Justice S. Muralidhar and Justice BP Routray heard the case of the appellant making representations to the opposition parties on February 5, 2021, but a new petition was filed four days after the trial on February 9, 2021. The Petitioner was objecting to the construction of a building over forest land in Pallahara, District-Angul . However, he said no current members of the Bana Surakhya Samiti of Saharagurujang supported him and, therefore, made a representation to the Collector, Angul.

The Court also referred to ‘Rule 8 of the Orissa Public Interest Court Rules, 2010’ (2010 Rules), which states:

"Rule 8 quoted by the court states that before filing a case in court, the Applicant must submit representations to the relevant authorities to take remedial action, in terms of Section 80 CPC. The Section 80 of the Code provides that no suit shall be instituted against the Government or against a Public Officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of 2 months next after notice in writing has been delivered and a response from the… Continue Reading...

Tagged: Orissa high court  
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