The B

PUBLI

(NO.PATNA 455) PAT

Addend

No. 9081—Add the

Patna High Court Rules, 191

1. (i) These Rules sh

Interest Litigations.

(ii) They shall come i

2. In these Rules unl

(a) ‘Chief Justice’

(b) ‘High Court’ m

(d) ‘PIL’ means a

Litigation or a

appropriate an

(e) ‘Registrar G

Judicature at P

(f) All other word

same meaning

3. To encourage onl

extraneous considerations, t

credentials of the Petitioner

REGISTERED

Bihar Gazett

XTRA ORDINARY

SHED BY AUTHORITY

16TH ASHADH (S)

TNA, THURSDAY, 8TH JULY 2010

da and Corrigenda of Patna High Court

Rules, 1916

(Fifth Edition)

C.S. No. 132

ÑÑÑÑÑÑ

The 6th April 2010

following as a new Rule in Part V of Chapte

6 at page 128 :-

hall be called Rules of Patna High Court to dea

into force from the date of their notification.

less the context otherwise requires :-

’ means the Chief Justice of Patna High Court

means the High Court of Judicature at Patna

s Judge of the High Court of Judicature at Patna.

and includes a writ petition filed by way of P

any case taken up as a writ petition suo-moto

nd adequate information, by the Chief Justice

General’ means Registrar General of the Hi

Patna.

ds and expressions not defined in these rules s

g as assigned to them in the Patna High Court Ru

ly genuine and bona fide PIL and discourage

the Bench hearing a PIL shall first verify the

s before entertaining any case as a PIL. Ther

NO. PT.-40

tetetete

r XXI-CC of

al with Public

ublic Interest

on receipt of

gh Court of

shall have the

ules.

PIL filed for

e prima facie

eafter, notice

BIHAR GAZETTE (EXTRA) 8TH JULY 2010

may be issued to the Advocate General or to any other authority to enable the Bench

hearing the matter to come to a prima facie satisfaction regarding the correctness of the

contents of the petition or information before entertaining the same as PIL.

4. For the aforesaid purpose, A PIL shall first be listed with appropriate office

notes under the heading “For Orders” before the appropriate Division Bench.

5. Only those matters shall be treated as PIL which involve substantial public

interest aimed at redressal of genuine public harm or public injury and for this the Bench

hearing the matter shall ensure that there is no personal gain, private motive or oblique

motive behind filing the public interest litigation.

6. To facilitate the aforesaid purpose, a petitioner in a PIL shall state in clear

terms the relief prayed for in paragraph -1 of the petition and grounds in paragraph -2. In

paragraph–3, he must give a full and complete detail of himself to reveal his interest,

credentials and qualification relevant for the PIL, alongwith a declaration that he has no

personal interest, direct or indirect, in the subject matter of PIL. In addition, ordinarily,

the petitioner is required to set out all relevant facts with supporting datas, reports etc.

7. After arriving at a prima facie satisfaction regarding credentials of the

petitioner and correctness of the contents of the petition, if the Court finds that the

petition was filed by busybodies for extraneous or ulterior motives, the Bench may

impose exemplary costs.

8. The procedure for dealing public interest litigation shall otherwise be the same

as that for a Civil Writ Jurisdiction case requiring consideration by a Division Bench,

usually headed by the Chief Justice or by any other Bench assigned by the Chief Justice.

9. The procedure in these Rules shall be without prejudice to the power of the

Court under Articles 226 and 227 of the Constitution under which the Bench hearing a

PIL, may in the interest of justice and to promote public interest devise special procedure

for satisfying itself with the credentials and bona fide of the petitioner and also to find out

relevant facts deemed necessary for the purpose of the case.

By Order of the Court,

B.B.Pathak

Registrar General.

Patna, The 6^th April, 2010

the 16 Chaitra, 1932

(XII-I-2010)

————

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Bihar Gazette (Extra) 455—571+150—D.T.P.

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