Petitioners moving under three writ petitions vacated while directed to dispose with in two weeks.
Order to pass appropriate order within two weeks from today.
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
APPELLATE SIDE CIVIL JURISDICTION
PIL WRIT PETITION NO.123 OF 2003
Digambar R Dawari and ors ..Petitioners
vs
The State of Maharashtra and ors
..Respondents
Mr. Amol Deshpande i/b P.B. Shaligram for petitioners Ms J.S. Pawar Addl Govt Pleader for State Mr. K.K. Singhvi for respondent no. 3
Writ Writ Petition Nos 6310 of 2003, 9179 of 2003 and 658 of 2004,
CORAM: SWATANTER KUMAR, C.J., & S.C.DHARMADHIKARI, J. Dated: 7th June 2007
P.C.:
The learned counsel for the State states that in furtherance of the order dated 12.4.2007, proceedings have been initiated and report of the authority is awaited and the authority will complete the proceeding and pass appropriate orders within two weeks from today.
The learned counsel for the Corporation submits that that the restrictions imposed in the said order may now be vacated in as much as the action of respondent no. 3 is in the nature of legislative rather than administrative. Be that as it may. We do not propose to comment on this issue at this stage as we are disposing of these petitions with a
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direction to the State Government to pass appropriate order in accordance with law within two weeks from today and the petitioners would be at liberty to challenge the same in accordance with law. The Government shall abide by the statement made before this court.
Petitions are disposed of while leaving the parties to bear their
own costs.
CHIEF JUSTICE
S.C.DHARMADHIKARI, J.
Digambar R Dawari and ors
The State of Maharashtra and ors
SWATANTER KUMAR
S.C. DHARMADHIKARI
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
