Public Interest Litigation: Misuse of – On facts, in a PIL filed before the High Court by fifth respondent, the State Government was issued directions to take necessary steps to establish a new Tehsil building for the District at the village – Thereafter, SLP by the appellant that PIL filed by fifth respondent for getting the Tehsil shifted to a new place was to subserve his personal interest; and that the new Tehsil building would be in close proximity to the land owned by the family of fifth respondent and would increase the value of his land – Held: Petition filed in the High Court by fifth respondent was not a genuine petition in public interest – Where a Tehsil building should be constructed is not a matter for the High Court to determine in the exercise of its writ jurisdiction u/Art. 226 of the Constitution – These are essentially administrative matters and a decision has to be taken by the executive – High Courts must remain vigilant to the attempts to misuse PILs to subserve extraneous and motivated purposes – High Court erred in directing the State to construct a new Tehsil office at a particular place – Moreso, the State Government had taken a decision that instead of transferring the Tehsil building to a new location, it should be reconstructed at the place of the old Tehsil building – Thus, the directions contained in the order of the High Court set aside.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.