- (1.) THIS Court takes judicial notice of the fact in extra ordinary circumstances prevailing in the State of Jharkhand, the High Court suo motu registered large number of public interest litigations and public reputed persons also filed several PILs. and several orders have been passed covering several issues of public importance. Because of the proactive orders passed by the High Court, a large number of encroachments have been removed from the entire State of Jharkhand and this Court also take notice of the fact that if the High Court would not have passed the orders in those public interest litigations, the law abiding persons in the State of Jharkhand would have suffered more. Not only this but large number of cases have been referred to the C.B.I., and ultimately in large number of cases the C.B.I. found that there is prima facie evidence for commission of serious crime committed by the Government officials in connivance with the mighty persons. The large number of persons have already encroached upon the lands of the Public Sector Units and to the extent of more that 35,000 encroachments ins quarters only in four Public Sector Units and encroached thousands of acres of lands and it is difficult for the Public Sector Units to justify their inaction and deliberate omission to the extent of committing serious crime for which they can be prosecuted.
(2.) THE situation in the State of Jharkhand was extra ordinary as not only of the Public Sector Units in the State of Jharkhand but even in Local Bodies several and in large number of the matters the C.B.I. found that there is a clear element of criminality in the action of the Government officers in connivance with the mighty persons and State Electricity Board etc were also not above board and were found fully indulged in giving the losses of crores of rupees to the State Exchequer. In some of the matters or matters were taken to the Hon'ble Supreme Court, but there also the orders passed by this Court in above respect have not been interfered by the Hon'ble Supreme Court. In the extra ordinary situation of the State of Jharkhand where more people are living under the poverty line and are consisting of the member of Scheduled Castes and Scheduled Tribes and where the Governments were not stable after the formation of the State of Jharkhand, those litigations, in fact, gave relief to the public and now it is the right time to review the situation by this Court so as to activate the Government so that the public may get the relief from the Government itself without intervention of the High Court, in hope that the government will respond to public's notice for demand of justice On 15.6.2011, in W.P. (P.I.L.) No. 1325 of 2011, learned Counsel for the State had rightly submitted that a large number of public interest litigations are being filed in the High Court, but, without approaching the State Government or the concerned authority/bodies and this has heavily burdened the office of the Government Advocate apart from heavy burden upon the Court with and involvement of the time of the public servant to promptly deal with the public interest litigation matters and implement the Court's orders.
(3.) IT is also clear that in earlier time, the writ petitions could have been filed only after serving the notice for demand of justice, but that practice is no more prevalent and it was not because of no reason but practice of dispensing with from serving of notice of demand of justice upon the Government or Government Bodies developed because of the reason that normally those notices were never responded and in the same way, the notices under Section 80 of the Code of Civil Procedure were never responded by the State Government, much less to giving relief in legitimate claims of even retiral and pensionary benefits to government's own employees.;