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2007 DIGILAW 182 (SC)

Surendra Dehri v. State of Jharkhand

2007-02-07

B.N.AGRAWAL, P.P.NAOLEKAR

body2007
ORDER : B.N. Agrawal and P.P. Naolekar, JJ. - Heard learned counsel for the parties. By the impugned order, the High Court dismissed the writ petition filed by the appellants herein on the ground that the same could not have been treated as public interest litigation. In our view, the High Court was not justified in dismissing the writ application on the ground that the same could not have been treated to be a public interest litigation as if it was a private interest litigation. 2. Instead of remanding the matter to the High Court, we feel that the appellants should be given opportunity to file a fresh writ application before the High Court in the nature of public interest litigation demonstrating therein that there have been flagrant violations of the provisions of Santal Parganas Tenancy (Supplementary Provisions) Act, 1949. If such a writ application is filed, the same shall be considered expeditiously on merits in accordance with law after giving opportunity of hearing to the State of Jharkand and the concerned authorities. 3. With the aforesaid directions, the civil appeal is disposed of. No costs.