Courts On Its Own Motion v. Union Of India, Ministry Of Human Resources Development, New Delhi Thr. Principal Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SUO MOTO PUBLIC INTEREST LITIGATION NO. 7 OF 2020 Court on it's own motion -- Petitioner/s Vs.

Union of India & Ors.

-- Respondent/s Mr. Firdos Mirza, Amicus Curiae.

Mr. N.S. Deshpande, A.S.G.I. for Respondent Nos. 1, 2 and 8. Mr. N.S. Rao, A.G.P. for Respondent Nos. 5 to 7 & 9 to 11. CORAM : NITIN JAMDAR & ANIL L. PANSARE, JJ.

DATE : 04 MARCH 2022 P. C. :

Heard learned Counsel for the parties.

2.

Since the genesis of this Suo Moto Public Interest Litigation was a letter received from 8 Children studying at Bhatgaon, Tahsil Korchi, District Gadchiroli, we had directed the Tahsildar of Tahsil Korchi, District Gadchiroli will visit the Village Bhatgaon and ascertain the situation as to the cause highlighted by the Students and submit a report to this Court. 3.

Pursuant to the order passed, the Tahsildar of Tahsil Korchi has visited Village - Bhatgaon on 1 March 2022 and interviewed the parents of the students. The Tahsildar has stated

2 / 4 26-SMPIL-7-2020 that during the pandemic, students had come to their Villages to take online education; however, at that time, there was a disruption of the internet and electricity. It is at this time when the students faced the difficulties; they had written to this Court of which this Court took suo moto cognizance.

4.

The Tahsildar has reported that after normalcy had returned, the concerned students had gone back to their English School to take education. Therefore, as per the report of the Tahsildar, the plight of the students which led this Court to take us suo moto cognizance appears to be resolved.

5.

The Tahsildar has stated that in Kotgul Revenue Circle, there are other issues such as power cuts and internet disruptions in around forty villages. The electricity line travels 65 Kilometers through the dense forest through difficult terrine and sensitive areas in terms of law and order. It is brought on record the situation similar in around 829 villages in the area. Though the situation described in the earlier orders regarding these villages remains grim, the ambit of the problem is too wide for us to make any effective intervention suo moto. If focused issues are brought before us by public-spirited persons or organizations, after following the rules of this Court, judicial intervention can be more effective.

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Also, before passing suo moto directions pertaining to social issues, we will have to keep in mind that these issues are often so interconnected that the Court may not be able to visualize the ultimate impact, resulting in unintended consequences leading to more problems. The learned Counsel for the Respondents have also pointed out the sensitive nature of this area and various issues of law and order.

7.

As regards the broader social issues, which are numerous, as highlighted in the earlier orders, it would be appropriate that a grievance mechanism exists for the residents of Korchi area to an authority who can pass necessary orders to bring about the change at the ground level. The grievance forum can be the office of the Collector of the district.

8.

Villagers of Korchi and similarly situated villagers in the area can send their complaints through the concerned Tahsildar to the Collector or directly to the Collector. It is also open to the nongovernmental organization with credentials or public-spirited citizens to bring this issue to the notice of the Collector. If the Collector finds these grievances genuine and within the powers will issue directions. If the Collector issues such directions, then the other authorities of the State can give all necessary cooperation to the office of the Collector.

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With these observations, we close the proceedings of this Suo Moto Public Interest Litigation, and it is disposed of. 10.

Copy of this order be sent to the District Legal Services Authority, Gadchiroli, for reference. 11.

The assistance rendered by the learned Amicus is appreciated.

[ ANIL L. PANSARE, J. ] [ NITIN JAMDAR, J. ] AGRAWAL