In a PIL regarding a Development Plan, the petitioner sought to withdraw the petition after the Government issued a notification modifying the subject matter. The High Court permitted the withdrawal and dismissed the petition.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
P.I.L. NO.170 OF 2006
Sandeep S. Thakur
..Petitioner
V/s.
State of Maharashtra and Ors.
..Respondents
Mr. A.A. Joshi i/by Mr. Nivit Srivastava for the
Petitioner
Mr. V.P. Malvankar, AGP for Respondent No.1
Mr. A.A. Garge for Respondent Nos. 2 and 3
CORAM : SHRI J.N.PATEL &
SHRI K.K.TATED, JJ.
DATE :17TH SEPTEMBER, 2008
P.C.:
. In view of the fact that the Government has issued
the Notification dated 21st July, 2008 for modifying the
Development Plan in respect of the subject matter of the
Petition which is taken on record, the counsel for the
Petitioner wants to withdraw the Petition. Permitted to
withdraw the Petition.
2.This being a public interest litigation, the
question of granting any liberty to the Petitioner to
: 2 :
move this Court in public interest cannot be granted, as
nothing prevents the person to agitate the issue in
public interest, if there is a fresh cause of action
arise.
3.The Petition is dismissed as withdrawn.
Sandeep S. Thakur
State of Maharashtra
J.N. Patel
K.K. Tated
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.
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