Nafr High Court
Case Details
1 BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.07.24 17:25:54 +0530 2025:CGHC:35322-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 64 of 2025 Upendra Nath Chandra S/o Bhagwat Prasad Chandra Aged About 38 Years R/o Village- Kataud, P.S. Dabhra, District- Sakti (C.G.) versus ... Petitioner 1 - State Of Chhattisgarh Through - Its Secretary, Finance Department, Mahanadi Bhawan, Atal Nagar, Mantralaya Raipur, Civil And Revenue District Raipur (C.G.) 2 - Union Of India Through Central Registrar Of Cooperative Society Ministry Of Cooperation 900, 9th Floor, Tower E, Word Trade Center Narouji Nagar, New Delhi – 110029 3 - Reserve Bank Of India Subhashish Parisar, Mahadev Ghat Road, Prem Vihar Daganiya, Sunder Nagar, Raipur, Chhattisgarh 492013 ... Respondent(s) For Petitioner For Respondent : : Upendra Nath Chandra in person
Legal Reasoning
Mr. Prafull N. Bharat, Advocate General assisted No.1-State by Mr. Shashank Thakur, Deputy Advocate General For Respondent : Ms.Annapurna Tiwari, Central Government No.2-UOI Counsel Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Per Ramesh Sinha , Chief Justice
Decision
Order on Board 23.07 .2025 2 1. Heard petitioner Upendra Nath Chandra in person. Also heard Mr. Prafull N. Bharat, learned Advocate General assisted by Mr. Shashank Thakur, learned Deputy Advocate General appearing for respondent No.1/State and Ms.Annapurna Tiwari, learned Central Government Counsel appearing for respondent No.2. 2. The present writ petition has been filed by the petitioner with the following prayers: “(i) That, the Hon'ble Court may kindly be pleased to call for entire record from the respondent authorities, in the interest of justice. (ii) For surveillance, it is necessary for all citizens of India transparency of accountability and provision responsibility and punishment. Today, citizens and institutions, that are private or government, will have to perform their duties for the organization similar to the duties for the country then no anti-national activity can take place. (iii) How much loan has been disbursed in total account and amount, in that how many NPA accounts and amount are there. and what are the reasons for them What is the reason for going to NPA :- 1. Not following RBI guidelines for disbursement 2. Making loan installments of more than 50% of monthly income 3. Not handling collective responsibility 4. Life threatening crisis in the family 5. Wrong closure of NPA accounts by MFI 6. Misbehavior of MFI (iii) The loan which is issued in violation of RBI's rules should be declared as ghost loan. The account which has become NPA due to ghost loan should be closed by the loan issuing company. This will ensure full compliance guidelines. And there will be a huge of reduction in the number of NPAs. (iv) Instead of having multiple legal ways for a single crime, a simpler and easier way will have to be 3 found. Time limits have to be fixed for justice to the victim so that even after committing a crime, today's law gives a free hand to the criminals and the victim is being killed. There is a need for change in this. This will lead to reduction in white criminals and number of cases. In criminal cases, participation of institutions like Gram to Panchayat will have necessary. There should be made to be provision for punishment not doing so. (v) In civil cases, there will have to be a provision of punishment for lawyers and peoples as well so that both the parties can get justice. Due to which the punishment for giving false testimony and presenting false documents will have to be kept in every page of the case. The concept of Swaraj will have to be implemented on the ground through digital medium so that the country can be saved from foreign problems. (vi) The Every land in India will be demarcated at present. If the Government of India wants to acquire land, then there is a ban on giving permission to set up industries on agricultural land, forest, river, mountain etc. Every Gram Panchayat, through its Pradhan and Panch or in the city, by holding a council and city meeting, by making a proposal in which at least 50% of the citizens are present, will have to prove that the citizens living there are either citizens of India or are the original residents of that place. (vii) Due to lack of knowledge of law, criminals are still occupying our land. Due to this reason, our land has been divided many times before and the country has also been divided. Even today, ST SC OBC GEN are being converted to other religions and their land is being usurped. For this, the government will have to bring strict laws. Because all crimes are directly or indirectly caused by wrong actions of government institutions. Till the case is on, the problem of protection and of me and my family needs to be solved immediately. (viii) Because all crimes are directly ог indirectly caused by the negligence of government institutions. While the case is going on, the problem of me and my family's safety and should be resolved immediately. (ix) Because millions of rupees are being embezzled 4 every day and hundreds of lives are being wasted every day. There is a need to hearing every day on the day of hearing of this case as was done by the Supreme Court in the Wakf Bill 2025 Amendment Act. (x) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. On a pointed query being made from the petitioner with regard to the relief clause made in this writ petition PIL, he could not give satisfactory reply. 4. From perusal of the reliefs prayed for by the petitioner in the present writ petition (PIL), it transpires that the petitioner has only drafted a vague and sketchy prayer and further, wasted the precious time of the Court. 5. The Courts should, prima facie, verify the credentials of the petitioner before entertaining a PIL. It is also well settled that the Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The Courts should ensure the jurisdiction in public interest is invoked for genuine purposes by persons who have bona fide credentials and who do not seek to espouse or pursue any extraneous object. Otherwise, the jurisdiction in public interest can become a source of misuse by private persons seeking to pursue their own vested interests. The petition itself appears to be vague and sketchy and further from own showing of the petitioner, it appears to be personal interest of the petitioner as he was an employee of ESAF Swasraya Multistate Agro Corporation Society Ltd. 5 and Micro Finance Institutions and on a query being made from him as to whether he is still in employment, then he states that his services has been terminated, hence, no relief as prayed for by the petitioner can be granted. 6. The Court cannot allow its process to be abused for oblique purposes, as was observed by the Hon’ble Supreme Court in the matter of State of Uttaranchal vs. Balwant Singh Chaufal & Others, reported in (2010) 3 SCC 402. The Hon’ble Supreme Court in Balwant Singh Chaufal (supra) states as to how this important jurisdiction, i.e., Public Interest Litigation has been abused at Para 143 by observing as under: “143. Unfortunately, of late, it has been noticed that such an important jurisdiction which has been carefully carved out, created and nurtured with great care and caution by the courts, is being blatantly abused by filing some petitions with oblique motives. We think time has come when genuine and bona fide public interest litigation must be encouraged whereas frivolous public interest litigation should be discouraged. In our considered opinion, we have to protect and preserve this important jurisdiction in the larger interest of the people of this country but we must take effective steps to prevent and cure its abuse on the basis of monetary and non- monetary directions by the courts.” 7. In view of above, the instant public interest litigation is dismissed. Security amount deposited by the petitioner stands forfeited. Sd/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu