DHARMENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition by way of Public Interest Litigation has been filed by the petitioner praying for issuance of a writ in the nature of mandamus commanding upon and directing the respondents especially respondent Nos.4 and 5, namely the Circle Officer, Giridih and Sri Jharkhandi Prasad respectively, to vacate the encroached land which is Gairmajarua Govt. land as the same is used by the villagers as Aam Rasta to connect the Main Road by taking appropriate legal action as well as to measure the land of Khata No.7 Plot No.262 of Mauza Buxidih in view of the earlier report submitted by the Circle Inspector, Giridih as some part of plot no.262 was encroached by one Arjun Ram and others for the purpose of growing paddy.

(2.) THE petitioner, who is an Advocate and also claimed to be a raiyat and aggrieved person, moved this court for the aforesaid reliefs. The petitioner's case is that he being the raiyat of village Buxidih situated within the district of Giridih, used the aforementioned land which is a Gairmajarua Govt. land. The said land is Aam rasta which is the only road to connect the village. It is alleged that recently in the year 2002, one Arjun Ram, Tipan Ram and Moti Lal Ram have forcibly encroached some of the lands of Plot No.262 for personal use and with this respect a complaint was made before the authority to do the needful, upon which a report was submitted by the Circle Inspector, Giridih representing the land of plot no.262 as Gairmajarua land used as Aam rasta. It is further stated that recently respondent No.5 started digging some part of the plot and encroaching the same which was objected by the villagers but they are being musclemen forcibly encroached the land which created great trouble to the village people. Due to encroachment, the petitioner and other persons are facing difficulties and problems which necessitated the filing of this writ petition by way of Public Interest Litigation.

(3.) FOR the history of Public Interest Litigation movement we gather the case of S.P. Gupta V/s. President of India (AIR 1982 S.C. 149). In that case, it was held that any number of public or social action group acting bona fide can invoke the writ jurisdiction of the High Court or the Supreme Court seeking redressal against violation of legal or constitutional rights of persons who due to social or economic or disability cannot approach the Court. As a matter of fact, public interest litigation has been given recognition for the purpose of bringing justice within the reach of poor masses who constitute the low visibility area of immunity. Public Interest Litigation cannot be brought for the purpose of enforcing the right of one individual against another, but it is intended to promote and indicate public interest in the matter of violation of constitutional or legal right of large number of people who are poor, ignorant or in a socially or economically or disadvantageous position, should not go unnoticed and unredressed.