2019 (11) TMI 38

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....nsel for Respondent :- C.S.C.,A.S.G. ORDER Heard the petitioner, who is present in person and Sri S.B. Pandey, learned Senior Counsel, assisted by Sri Arun Kumar Pandey, learned counsel for the respondent no. 1 and Sri Q.H. Rizvi, learned Standing Counsel for the respondent no. 2. By this public interest litigation the petitioner praying for issuance of writ of mandamus to protect welfare....

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....aised preliminary objection with regard to maintainability of present public interest litigation by contending that though the petition is ostensibly filed in the public interest, the petitioner has not made due disclosure as required by sub-rule (3A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules, 1952 which was amended in view of the judgment of the Supreme Court passed in the case ....

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....genuine public harm or public injury. The court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation. Following the judgment of the Supreme Court passed in the case of State of Uttaranchal Vs. Balwant Singh Chaufal (supra) Chapter XXII of the High Court Rules, 1952 was amended by including sub-rule (3A) in Rule 1, which....

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....nvoked for genuine purposes by persons who have bonafide credentials and who do not seek to espouse or pursue any extraneous object. Otherwise, the jurisdiction in public interest can become a source of misuse by private persons seeking to pursue their own vested interests. So far as credential of the petitioner is concerned, we are of the considered opinion that the petitioner has failed to su....