"Petitioners Should Wait For A Response After Making Representation To Authorities Before Filing PILs": Orissa High Court

Noting that in a large number of Public Interest Litigation (PIL) matters, the petitioners are filing writ petitions soon after making a representation without waiting for a response, the Orissa High Court on Tuesday (30th March) disposed of a Writ Petition asking the petitioner to at least give a two months' time to the Opposite Parties to take a decision on his representation.

The Bench of Chief Justice S. Muralidhar and Justice B. P. Routray was hearing the plea of a petitioner who made a representation on 5th February 2021, to the Opposite Parties,  however, he filed the present writ petition on 9th February 2021, i.e. four days thereafter.

The Petitioner was objecting to the construction of a building over forest land in Pallahara, District-Angul. According to him, none of the present members of Bana Surakhya Samiti of Saharagurujang are supporting him and thus, he made a representation to Collector, Angul.

Importantly, the Court referred to Rule 8 of the Orissa High Court Public Interest Litigation Rules, 2010 (2010 Rules), which reads thus:

"8. Before filing a PIL, the Petitioner must send a representation to the authorities concerned for taking remedial action, akin to what is postulated in Section 80 CPC. 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."

In view of Rule 8, the Court observed that if the representation (made to authorities) is "akin to what is postulated in Section 80 CPC", the Petitioner should at least give two months' time to the Opposite Parties to take a decision thereon.

Further, the Court stressed that as per rule 8 of 2010 Rules states, only in very urgent cases where the making of a representation and waiting for a response "would cause irreparable injury or damage, a petition can be filed straightway by giving prior notice."

However, the Court did add that if the matter is serious, then the Petitioner should send at least one reminder within the said two months.

Turning to the case in hand, the Court remarked,

"It is not conceivable that the Opposite Parties would be able to examine the representation and take a decision thereon within such a short period."

Lastly, the Court left it open to the Petitioner to first comply with the requirements, and if the cause of action still survives, to file a fresh petition in accordance with the law.

Case title - Madan Mohan Sahu v. Collector, Angul and others [W.P.(C) No.5327 of 2021]

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