In a PIL filed for seeking relief for affected persons, the Bombay High Court expressed the opinion that PIL may not lie in the circumstances. The prayer for withdrawal with liberty to file a Writ Petition was allowed.
Petition allowed to be withdrawn with liberty to file a writ petition on behalf of affected persons.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 18 OF 2006
Ramesh Radhakrishna Fondage and anr.
....Petitioners.
V/s
The State of Maharashtra and Ors.
....Respondents.
Mr. S.M. Gorwadkar for petitioners.
Mrs. P.S. Cardoz, Assistant Government Pleader, for respondents.
CORAM : H.S. BEDI, C.J., & V.M.KANADE, J.
DATE : December 14, 2006
P.C.
We are of the opinion that public interest litigation may not lie in the circumstances. Shri Gorwadkar, the learned Counsel for the Petitioner, prays that this petition be allowed to be withdrawn with liberty to file a Writ Petition on behalf of affected persons.
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The petition is allowed to be withdrawn with liberty to file Writ Petition on behalf of affected persons.
C HIEF JUSTICE
V.M. KANADE, J.
1 issue framed by the court
Whether public interest litigation may lie in the given circumstances.
Ramesh Radhakrishna Fondage and anr.
The State of Maharashtra and Ors.
H.S. Bedi
V.M. Kanade
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
