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2018 (2) TMI 1946 - HC - Indian LawsRestraint on respondents from setting up or re-locating or granting licence to a liquor shop - Condition (9) of the conditions printed in Form F.L.2 under Rule 113(2) of the Pondicherry Excise Rules, 1970 - HELD THAT:- 'Public Interest Litigation' is a new class of litigation which dilutes the concept of locus standi. In earlier times, Courts entertained Litigations only if a person aggrieved came to the Court. Today, when the attention of the Supreme Court or the High Courts is drawn to any patent illegality, which affects the public in general or any particular group and/or groups of people, the Courts intervene irrespective of the locus standi of the petitioner to initiate the proceedings. However 'Public Interest Litigation' does not empower the Court to take over the functions of the Executive. The Court has to adjudicate and decide if there is any patent illegality in any action or inaction on the part of the respondents-authorities. If such action or inaction contravenes the human rights and/or constitutional rights and/or legal rights of any class of persons, particularly, persons who may not be able to approach the Courts, then the Courts step in. However, interference is restricted to the existence of an illegality in any action or inaction, and/or to enforcement of a right. In the absence of contravention of any statutory rules or any binding judicial precedent, there are nothing to interfere with the setting up of a liquor shop - petition dismissed.
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