This order dismisses a PIL concerning forest destruction as premature, directing the petitioner to exhaust remedies by approaching relevant authorities before filing in the Writ Court.
Liberty to approach the State Pollution Control Board and forest officials.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
HIGH COURT OF JUDICATURE AT HYDERABAD
PRESENT
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION NO.313 OF 2014
DATED:22.12.2014
Between:
Katakam Mruthyunjayam … Petitioner And
The Union of India Rep. by Principal Secretary Ministry of Environment and Forests (F.C. Division), Paryavaran Bhawan CGO Complex, Lodhi Road New Delhi and others … Respondents
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION NO.313 OF 2014
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
Heard the learned counsel for the petitioner.
In this writ petition the complaint is with regard to environment pollution in the shape of destruction of forest.
Unfortunately no demand of justice was made by the petitioner to the State
Pollution Control Board or the forest officials. According to us, a person before approaching Writ Court asking for Writ of Mandamus, must make a demand of justice before concerned authorities and must wait for result of such request.
Accordingly, we close this writ petition giving liberty to the writ petitioner to approach the State Pollution Control Board and forest officials, as the case may be.
Pending miscellaneous petitions, if any, shall also stand closed. There will be no order as to costs.
K.J. SENGUPTA, CJ
SANJAY KUMAR, J
22.12.2014
bnr
1 issue framed by the court
Whether the petitioner approached the Writ Court without exhausting administrative remedies by demanding justice from concerned authorities.
Katakam Mruthyunjayam
The Union of India
Kalyan Jyoti Sengupta
Sanjay Kumar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
