Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action

The Orissa High Court on Tuesday imposed ₹20,000 costs on an organisation for filing a writ petition in the nature of Public Interest Litigation (PIL) before approaching the concerned authorities seeking remedial action.

The Division Bench of Acting Chief Justice Dr. Bidyut Ranjan Sarangi and Justice Murahari Sri Raman was hearing a PIL filed by an organisation named ‘Disha’, which is headquartered in Jajpur district.

The petitioner sought a direction from the Court to the opposite parties to take immediate and adequate steps in the form of investigation, raids, seizures, detention of quacks, suppliers, sellers and prescribers or test and analyse, ban and control the circulation of the said drug/hazardous substance.

While hearing was going on, the Court queried the petitioner as to whether it has complied with Rule 8 of the Orissa High Court Public Interest Litigation Rules, 2010 which requires the petitioner to send a representation to the authorities concerned for taking remedial action before filing a PIL.

“Details of such representation and reply, if any, from the authority concerned along with copies thereof must be filed with the petition. However, in urgent cases where making of representation and waiting for response would cause irreparable injury or damage, petition can be filed straightway by giving prior notice of filing to the authorities concerned and/or their counsel, if any,” the Rule provides further.

The counsel, however, failed to answer such query. Therefore, the Court expressed its disinclination for entertaining the writ petition, as the petitioner did not adhere to the Rule before approaching the High Court seeking remedy.

Accordingly, the writ petition was dismissed with a cost of ₹20,000, which was ordered to be deposited in the Welfare Fund of Orissa High Court Bar Association within seven days, failing which the same shall be recovered by initiating proceeding under the Orissa Public Demands Recovery Act, 1962.

Case Title: Disha, Jajpur v. State of Odisha & Ors.

Case No: W.P.(C) No. 29696 of 2023

Date of Order: October 10, 2023

Counsel for the Petitioner: Mr. Sourjya Das, Advocate

Counsel for the Respondents: State Counsel; Mr. P.K. Parhi, Dy. Solicitor General of India for the Union

Click Here To Read/Download Order