LAWS(RAJ)-2015-1-316

MAHAVIR JAIN Vs. STATE OF RAJASTHAN AND ORS.

Decided On January 20, 2015
Mahavir Jain Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) We have heard learned counsel appearing for parties. This Writ Petition No. 9730/2011 is filed in public interest with the following prayers:--

(2.) The petitioner has identified himself in paragraph 3(i) of the writ petition as a citizen of India and a permanent resident of District Barmer. He also produced copy of PAN Card for proof of his identity. He has stated in paragraph 3(2) to (6) as follows:--

(3.) A preliminary objection has been taken to the maintainability of the writ petition in public interest. It is submitted by learned counsel appearing for respondent No. 9 that after the comprehensive directions issued in the judgment of Hon'ble Supreme Court to check the misuse of Public Interest Litigation, in State of Uttaranchal v. Balwant Singh, 2010 AIR(SC) 2550, various High Courts have framed strict rules for ascertaining the credentials and the object of filing the writ petitions in public interest. The Supreme Court has expressly warned that the High Courts should not allow any person to vent his. grievances in personal matters and further that strict enquiry should be made to find out whether any public interest is served in the matter. The Court should encourage genuine and bona fide PIL, and discourage PIL for extraneous considerations and win oblique motive. The observations of the Hon'ble Supreme Court are quoted as below:--