Pil
Querist :
Anonymous
(Querist) 26 December 2011
This query is : Resolved
Can any of PIL by 4 persons get stay order on any construction, if the construction is as per law in effect..
Sailesh Kumar Shah
(Expert) 26 December 2011
Apparently "no".
However, you should come with full details.
It seems your query is imaginary.
Querist :
Anonymous
(Querist) 26 December 2011
Mr. Shah,
Its the case of Petrol Pump, I earlier discus in full. The detail are:
I applied for NOC to DM for new pump. A long process of one year followed and my file complete. Only DM final letter is pending. A person get information to regarding my petrol pump, which is wrong and revised by concerned department.
But using wrong RTI, the person file suit against me & DM for permanent injunction for not setup petrol pump. DM & me file our reply in court stating that the every act done by us is as per law. And we also state that no single person can file such type of litigation.
Now, the plaintiff add 3 more people with him.
There is no violation done by me, but ultimately, I am suffering....... Because DM stating that he will not issue NOC till litigation pending (However Not stay order after 4 hearing)
Sailesh Kumar Shah
(Expert) 26 December 2011
Dear Mr. Satish,
PIl only to be submit at HC and SC, and Civil court have no right to entertain PIL.
I have remembered that you have informed that matter is pending before the civil court.
you should move to the High Court for relief ASAP.
Querist :
Anonymous
(Querist) 26 December 2011
The plaintiff state in his reply that its a matter of public interest.
I am not able to opt HC (Mamandus) because I have a fear that if HC not give me any relief than I have no option.
The civil judge say me during hearing-"The case may take years for final judgement but as there is no stay order till now, so force ur DM to issue NOC. If DM issue NOC than the suit automatically cancelled".
But Civil Judge deny to issue above comment in written. I hire 3 lawyers (All 3 are senior). But they are not able to find solution
Sailesh Kumar Shah
(Expert) 26 December 2011
It is not PIL by merely writing on plaint.
Have you got correct information under RTI?
prabhakar singh
(Expert) 26 December 2011
No pil is possible.It is not plaintiff who shall decide the matter relates to public interest or not and if it relates then he/they can not file suit in his/their personal capacity.
Querist :
Anonymous
(Querist) 26 December 2011
Yes, Mr. Shah, I get one copy of revised RTI. I file it in court with my reply.
