ALL BENGAL LEGAL HUSKING MILL Vs. THE STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
All Bengal Legal Husking Mill
The State Of West Bengal
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Bhagabatl Prosad Banerjee, J. -
(1.)This writ application has been filed by All Bengal Legal Husking Mill Owners' Association against the alleged issuance of some illegal licences in violation of the guidelines issued by the respondents, and also prayed for a Mandamus commanding the respondents concerned to act in accordance with law and to grant or permit licence for husking mills in favour of the new applicants strictly following the guidelines and after complying with the provisions of the law, A prayer for an interim order was also made for grant of interim order of injunction restraining the respondents from granting any permit or licence in favour of any new applicant ignoring the guidelines made out in this behalf.
(2.)Admittedly, the writ application has been filed by an association of husking mill owners. It appears that the said association la not even registered under the Societies Registration Act, and it is unregistered and unincorporated society.
(3.)In order to get relief in writ jurisdiction, the first question is whether the petitioner can approach the Court for intervention in the matter. It is not the law that it is open to any citizen to file writ application for invoking public law remedies or sue for a prohibitory or restrained order. The issue of whether an applicant has sufficient interest in the matter to which the application relates close to the Writ Court's jurisdiction to entertain the application for judicial review. The requirements as to locus standi can differ depending upon the procedure adopted in initial proceedings. In India, apart from Individual standing, statutory standing and representative action or standing there is another type of litigation which is known as public interest litigation. The object of the public interest litigation is to invoke the jurisdiction of the Writ Court for the benefit of large number of poor and distressed people who are under the veil of ignorance in respect of their rights, privileges, duties and obligations under the law. In such a case, any public spirited person can Invoke the jurisdiction.
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