The Patna High Court dismissed a PIL filed by a social worker alleging black marketing of fertilizers and seeking investigation, cancellation of licenses, and prosecution. The court held that PILs cannot be initiated on sketchy allegations based solely on newspaper reports without any substantiation or documentary evidence.
Writ petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1687 of 2023
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Ravindra Kumar Rana, Son of Aneklal Panjiyar, Resident of Village and Kopariya, P.S.-Salakhua, District-Saharsa.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Deepak Kumar Sinha, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh (AAG-13) Dr. K.N. Singh, ASG
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-04-2023
Patna High Court CWJC No.1687 of 2023 dt.21-04-2023 2/3
The writ petition filed as a Public Interest Litigation seeks for proper supply of fertilizers to the farmers at Government rates through the authorized licensed Government shops, all over Bihar. It also seeks an investigation into the scarcity of fertilizers; which is alleged to be by reason of black marketing by licensees including Respondent No. 9, cancellation of such license of fertilizer shops involved in black marketing and also lodging of prosecution proceedings. Broad reliefs have been claimed based on bland allegations without any substantiation. The petitioner claims to be a social worker and asserts that after visiting different subsidized licensed shops the Bihar farmers had complained that subsidized fertilizers are available only at the market price, far in excess of the subsidized rate. There is not even one invoice attached to the writ petition which substantiates the claim of the licensed shops having sold fertilizers in excess of the subsidized rate and the reliance placed is only on a news-paper report at Annexure-3. It is also pertinent that while the petitioner makes gross allegations of black marketing carried on by the licensed fertilizer shops all over Bihar; has thought it fit to implead only one of them as Respondent No. 9, against whom also mere unsubstantiated allegations are made.
Patna High Court CWJC No.1687 of 2023 dt.21-04-2023 3/3
We do not think that a Public Interest Litigation can be initiated on such sketchy allegations based on mere
newspaper reports without any substantiation.
The writ petition would stand dismissed.
(K. Vinod Chandran, CJ)
(Madhuresh Prasad, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 27.04.2023 Transmission Date
P.K.P./Anushka
1 issue framed by the court
Whether a Public Interest Litigation can be initiated on sketchy allegations based on mere newspaper reports without substantiation.
Ravindra Kumar Rana
The State of Bihar through the Chief Secretary, Govt. of Bihar
Additional Chief Secretary, Vigilance Department, Govt. of Bihar
The Principal Secretary, Agriculture Department, Govt. of Bihar
The Director Agriculture Department, Govt. of Bihar
District Agriculture Officer, Saharsa
Chief Justice of India
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
