The High Court of Bombay disposed of two PILs as infructuous upon the respondent Corporation assuring issuance of a notification defining limits. The Court allowed the Petitioners to challenge the notification if aggrieved later.
Petitions disposed as infructuous; liberty reserved to challenge the notification if issued.
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. 31 OF 2007
Rakesh Krushnaji Patil.... .. Petitioner.
Versus
Malegaon Municipal Corporation
and another.. ..... ... ... Respondents.
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PUBLIC INTEREST LITIGATION NO. 45 OF 2007
Sahfiq Ahmed Mohammed Faruk.. .. Petitioner.
Versus
Malegaon Municipal Corporation
and Others... ..... ... ... Respondents.
Mr.Anilkumar Patil for the Petitioner.
Mr. S.M.Sabrad for Respondent No.1.
Mr.R.D.Rane, Adl.G.P. for Respondent No.2.
CORAM : SWATANTER KUMAR, C.J. &
S.C.DHARMADHIKARI, J.
DATED : 20TH JUNE, 2007.
P.C.:
Learned Counsel for the Respondent Corporation
submits that the areas indicated in the writ petition
have been considered to be included in the limits of
the Malegaon Municipal Corporation and a notification
in that behalf shall be issued within two weeks from
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today.
2. In view of the statement made, nothing survives in
this petition and the same has been rendered
infructuous. This petition is, accordingly, disposed
of as infructuous.
3. After the notification is issued, if the
petitioner is aggrieved, he shall be at liberty to
challenge the same in accordance with law.
Sd/-
CHIEF JUSTICE
Sd/-
S.C.DHARMADHIKARI, J.
1 issue framed by the court
Whether the petition survives after the issuance of a notification including the disputed areas within the municipal limits.
Rakesh Krushnaji Patil
Malegaon Municipal Corporation
Sahfiq Ahmed Mohammed Faruk
Malegaon Municipal Corporation
Swatanter Kumar
S.C. Dharadhikari
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