Research › Search › Judgment

Patna High Court · body

2002 DIGILAW 533 (PAT)

Samajik Uthhan Sangathan Through Its Secretary Ramakant Choubey v. State Of Bihar

2002-04-24

R.N.PRASAD, RAVI S.DHAVAN

body2002
Judgment 1. This petition by an organisation calling itself as a Samajik Uthhan Sangathan makes general submissions on how the Buxar Municipality has not taken care of its statutory obligations, in effect, under the Bihar and Orissa Municipal Act, 1922 and that the court may issue a writ requiring it to carry out its obligations in generality as a Municipality. 2. This petition has been filed by one Ramakant Choubey and it is intimated to the court by the counsel, submitting on the petition, that the petitioner is an Advocate. The petition is sans details. The text has not been fortified by supporting material of specific instances where the Municipality may have failed. This may not be misunderstood that everything may be alright within the Buxar municipality. But, a public interest litigation cannot be brought so easity that the court should issue a writ indiscriminately against the District Magistrate, the Civil Surgeon, Sub Divisional Officer and the Executive Officer. 3. It appears that this writ application has been timed to give some advertisement to the Organisation and further fillip to the Secretary of the Organisation for advertisement when Bihar goes to election at the Municipalities at the end of this month. 4. Since the submission has been made with some emphasis on generalities, and not specific instances, the court being told that it is obliged to issue a writ to the respondents. The directions sought are (a) maintain Buxar Municipal Area in a proper way (b) remove garbage from the road (c) clean the drainage regularly as it is over flowing (d) spray DDT (not mentioned in the petition but perhaps it refers to dichloro diphenly trichlora ethane) and bleaching powder to keep hygienic conditions within the Municipality and (e) maintain health centres. 5. The petitioner contends that there are questions of law which arise for this Court to take care of as the object of the Municipality is to provide civic and essential services like (a) drinking water (b) street cleanliness (c) dustbins and (d) hygienic environment condition, etc. It is submitted that the Municipality is not doing its work in accordance with law "without any rhyme or reason". The rest of the submissions after paragraph 4 are virtually repetition. 6. Public interest litigations like the present one are a total abuse of the process of the court and time also. It is submitted that the Municipality is not doing its work in accordance with law "without any rhyme or reason". The rest of the submissions after paragraph 4 are virtually repetition. 6. Public interest litigations like the present one are a total abuse of the process of the court and time also. There is no denying the fact that a municipal body has to carry out its statutory functions but this cannot be seen in isolation. The court inquired, from counsel for the petitioner, whether he would take the responsibility of all the citizens in Buxar that they have the civic sense within the Municipality not to (a) throw garbage around and out side their houses (b) urinate openly at public streets (c) throw out refuse indiscriminately straight out of their windows. No answer was forthcoming. Civic cleanliness is a cooperative and joint venture between the citizens. For persons like the petitioner the court will require him to use the dictionary and see what the word civic means. Once this expression is understood the Municipality will perhaps have less jobs to do. But the uncivic citizens, also who generally blame others do not discharge their obligations, either, to keep their Municipalities clean. 7. Dismissed.