Repeatedly Raising Same Issue Amounts To Manipulation & Misleading Of Court: Allahabad High Court Imposes 50K Costs For Filing Motivated PIL
The Allahabad High Court has imposed cost of Rs. 50,000/- on the Bhartiya Kisan Union Pathik for filing public interest litigation on the issues already decided by the High Court.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held “The repeated attempt on part of the petitioner to raise the issue which already stood concluded by filing petitions in one form or...
The Allahabad High Court has imposed cost of Rs. 50,000/- on the Bhartiya Kisan Union Pathik for filing public interest litigation on the issues already decided by the High Court.
The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held
“The repeated attempt on part of the petitioner to raise the issue which already stood concluded by filing petitions in one form or the other in the name of Public Interest Litigation cannot be countenanced under any circumstance. The attempts made, as noticed hereinbefore, essentially amount to manipulation and attempt to mislead the Court, which action of the petitioner deserves to be dealt with heavy hand.”
Petitioner society, Bhartiya Kisan Union Pathik, filed a public interest litigation seeking relief regarding the acquisition of land vide Gazette Notification dated 25.10.2010, under the provisions of the Land Acquisition Act, 1894. State respondents raised an objection stating that this was the fourth petition filed by the petitioners regarding the land in dispute.
The Court observed that even though on the last occasion the petitioner was directed to produce a list of members of the Union, the same was not done. Further, it was observed that the petitioner who had filed a similar writ petition, which was dismissed by the Court, had signed communications on behalf of the petitioner society.
“From the above status of the pleadings and the stand taken by the petitioner pertaining to the membership, it is apparent that despite dismissal of several petitions on the subject matter of the present writ petition, another attempt by forming a new Union has been made for the same purpose and at least one of the previous petitioners is involved into the said activity.”
Holding that the petitioner had made repeated attempts to rake up the same issue which had been settled by the High Court, the Court imposed a cost of Rs. 50,000/- on the petitioner.
Case Title: Bhartiya Kisan Union Pathik v. State of U.P. And 4 others [PUBLIC INTEREST LITIGATION (PIL) No. - 117 of 2024]