it is mandatory to give legal notice to public servant/government before filing public interest litigation or writ petition?
Is section 80 notice specific to only civil suit not writ petition or pil because the language of sec 80 only describe suit.
In India, before filing a Public Interest Litigation (PIL) or a writ petition, it's generally not mandatory to give a legal notice to a public servant or government authorities. However, the specific requirements can vary based on the nature of the case, the court, and the issues involved.
Here's a breakdown of the general guidelines:
Public Interest Litigation (PIL): PIL is a mechanism through which citizens can seek the court's intervention in matters of public interest. In PIL cases, the requirement of giving a prior notice to the public servant or government authority is generally not mandatory. PIL cases often involve matters of larger public concern, and the court might entertain such cases even without a formal notice being served.
Writ Petitions: Writ petitions, such as those filed under Article 32 of the Indian Constitution in the Supreme Court or Article 226 in High Courts, are used to enforce fundamental rights and seek remedies against government actions. While there is no strict requirement to provide a prior legal notice, some specific cases might necessitate it, especially if the issue pertains to a contract, statutory notice, or other procedural requirements. However, many times, courts do not insist on a notice in writ petitions.
You are correct. Section 80 of the Code of Civil Procedure (CPC) pertains specifically to notices prior to suing the government or public officers for certain acts. The language of Section 80 CPC indicates that the requirement of sending a legal notice before filing a suit is applicable to civil suits against the government or public officers, and it does not explicitly mention writ petitions or Public Interest Litigations (PILs).
Section 80 CPC states that:
"No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been, in the case of the Government, delivered to, or left at the office of, a Secretary to the Government of India or the State Government, as the case may be, and in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, descripttion and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left."
Since the language specifically refers to suits against the government or public officers, it's generally understood that the requirement of sending a legal notice under Section 80 CPC applies to civil suits and not writ petitions or PILs. Writ petitions and PILs are considered distinct legal remedies and have their own procedural requirements.
