LAWS(PAT)-2007-9-62

MAHADEO PANDEY Vs. STATE OF BIHAR

Decided On September 24, 2007
MAHADEO PANDEY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned Counsel appearing for the parties and considered the report of the Court 's Commissioner, specially, appointed by this Court in exercise of powers under Article 226 of the Constitution of India to submit the status of the disputed site in order to appreciate the merits of the grievance raised in the petition. The report has been placed by the Court 'sCommissioner, Registrar (Admn.) of this Court, on the last date.

(2.) APART from the versions and the affidavit of the respondent -I.O.C, the Court 's Commissioner report is very clear. We have considered the record including the compliance report of the Court 'sCommissioner -Registrar (Admn.) of this Court and we find, personally, that there appears to be no any existence of the grievances, which came to be voiced in this petition. Therefore, keeping in mind the celebrated principles and parameters of doctrines of the Public Interest Litigation, as well as, the material placed on the record, we are satisfied that the present petition is without any substance and deserves to be thrown overboard. Nobody has right to waste the public time, much less, Court 'stime without verifying genuineness of the allegation.

(3.) WE , therefore, are left with no alternative but to raise our hands in helplessness and to dismiss the petition at the admission stage after hearing the parties and considering the documents.