PATNA, India, Oct. 14 -- Patna High Court issued the following judgment on Sept. 15:
In the instant Writ petition, petitioner has prayed for the following relief(s):-
"i. For issuance of writ in the nature of Mandamus directing and commanding the responsible respondent authorities to enquire into the irregularities and corruption being done under Saharsa Municipal Corporation by the authorities of the Municipal Corporation, Saharsa by misutilising/misappropriating the public funds.
ii. For issuance of writ in the nature of Mandamus for directing and commanding the responsible respondent authorities not to further make payment of the projects sanctioned by the Municipal Commissioner in contravention of the order issued by the Additional Director, Urban Development and Housing Department, Bihar, Patna and the resolution passed by the Empowered Committee, Municipal Corporation, Saharsa on several dates.
iii. For issuance of writ in the nature of Mandamus for directing and commanding the responsible respondent authorities particularly Respondent No.3 to submit report/explanation along with necessary documents as sought by the Officer of Accountant General (Audit), Bihar Patna vide letter dated 24.08.2022.
iv. For any other relief or reliefs which the petitioner is entitled to in the facts and circumstances of the case."
2. Reading of the relief sought in the present Writ petition, it is not crystal clear under which project or scheme there are alleged to have been irregularities and corruption has taken place so as to entertain the Public Interest Litigation. In the absence of specific relief sought in the Public Interest Litigation, filing of such frivolous litigation cannot be entertained.
3. The petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of constitution by filing the present PIL, inter alia, seeking various directions against respondents in respect of certain allegations and to hold investigations in the public offices. At the outset, we have carefully perused the pleadings in the writ petition. The averments are found to be vague, indefinite, and lacking in material particulars. It is well settled that PIL cannot be entertained on basis of bald and sweeping assertions without supporting particulars and evidences like documentary materials. In the absence of specific pleadings, this Court cannot issue mandamus.
4. Reading of the relief sought in the present petition one cannot draw inference what is the exact relief that petitioner is seeking. Accordingly, writ petition stands dismissed reserving liberty to the petitioner to file fresh petition with proper pleadings and materials and specific relief. In this regard petitioner has to approach competent authority. In this regard petitioner may take note of accountability of Government and authorities issue and proceed in accordance with law, if any.
5. Accordingly, the present Writ petition stands dismissed with cost of Rs. 5,000/- (Rupees Five Thousand). Cost shall be paid to the Saharsa Municipal Corporation, Saharsa within a period of eight weeks from today
Disclaimer: Curated by HT Syndication.
