Prashant Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22155 of 2012 =========================================================== Prashant Sinha, Advocate S/O Sri Shailendra Kumar Sinha R/O Road No. 15f, Rajeev Nagar, P.S. Rajeev Nagar, District- Patna .... .... Petitioner
Versus
1. The State of Bihar
2. The Chief Secretary, Govt. of Bihar, Patna
3. The Principal Secretary, Food & Consumer Protection Department, Govt. Of Bihar, Patna
4. The Principal Secretary General Administration Department, Bihar, Patna
5. The Director, Consumer Protection Directorate, Bihar, Patna
6. The Registrar State Consumer Disputes Redressal Commission, Bihar, Patna .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 150 of 2013 =========================================================== Krishna Mohan Prasad S/O Late R.N. Prasad R/O Kazipur Quarter, Road No. 3, P.S. Kadamkuan, District Patna.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Joint Secretary Cum Director, Food and Civil Supplied, New Secretariat, P.S. Sachivalaya, District Patna.
3. Principal Secretary, Food and Civil Supplies, New Secretariat, P.S. Sachivalaya, District Patna.
4. District Officer, Collectorate, Patna.
5. Secretary, Food and Civil Supplies, New Secretariat, P.S. Sachivalaya, District Patna.
.... .... Respondent/s =========================================================== Appearance :
(In CWJC No. 22155 of 2012) For the Petitioner/s : M/s Bindhyachal Singh, Parijat Saurav ,
Patna High Court CWJC No.22155 of 2012 dt.09-02-2015 2/3 Smriti Singh,Niranjan Kumar For the State : Mr. P.K. Verma, AAG 5 Mr. Suman Kumar Jha, AC to AAG 5 For Respondent no.6 : Mr. Sanjay Singh Thakur, Prabhat Kr. Singh (In CWJC No. 150 of 2013) For the Petitioner/s :
For the State : Mr. Kinkar Kumar, SC 27 :=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE CHIE JUSTICE) Date: 09-02-2015 These two writ petitions are filed in the nature of public interest litigation, with the prayer to direct the respondents to create adequate facilities for proper functioning of the District Consumer Forums in the State of Bihar. It is stated that on account of absence of proper facilities and lack of infrastructures, the cases are not being disposed of and the consumers who approached the fora are put to serious hardships. The petitioners have also drawn attention of this Court, to certain reports of the State Consumers Redressal Commission.
This Court entertained the writ petitions and issued notice to the respondents. In the past three years, numerous directions have been issued, not only in relation to the improvement of the infrastructure but also in respect of appointment of the members of Consumer Fora, in the State.
Heard Mr. Bindhyachal Singh, learned counsel for the petitioners, Mr. P K Verma, learned AAG 5 for the State and Mr. Sanjay Singh Thakur, learned counsel for respondent no. 6. On account of the initiative taken by the petitioners there is substantial improvement in the functioning of the Consumer Fora. However, this Court is of the view that it is for the Authorities under the Consumer Protection Act and the State Government to
Patna High Court CWJC No.22155 of 2012 dt.09-02-2015 3/3 ensure that the institutions created thereunder function properly. It is not in the interest of anyone that this Court takes upon itself, the responsibility of ensuring the proper functioning of such institutions, at a time when the High Court itself is a mute and helpless spectator for the poor functioning of the subordinate courts throughout the State of Bihar.
We, therefore, close the writ petitions by reiterating the orders which were issued time and again directing the respondents to continue their sincere efforts in the same direction. The writ petitions are accordingly disposed of. (L. Narasimha Reddy,CJ) (Vikash Jain, J) mrl U