Paramount Bench dismissed a PIL challenging VAT calculation for Octroi duty as lacking public interest, being a private grievance, and constituted abuse of process, imposing costs on the petitioner.
Petition dismissed; cost of Rs. 5,000/- imposed on petitioner.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.186 OF 2007
Radhakrushna Keshavrao Ingole .. Petitioner
Vs.
State of Maharashtra & Ors. .. Respondents
Mr.Amol A. Deshpande for the petitioner
Mr.V.A.Sonpal, A.G.P. for the State
CORAM : J.N.PATEL &
K.K.TATED, JJ.
DATED : 24TH SEPTEMBER, 2008
P.C.:
1. The petitioner has moved this petition in
Public Interest Litigation seeking declaration that
"Right to Life" includes Right to have Good and
Efficient Governance in Government Offices and that
the VAT is not a subject matter for calculating
Octroi Duty and other ancillary reliefs.
2. In our opinion, the person who is aggrieved
by the duty can always make a grievance before the
Competent Authority or approach this court if the
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issue is amenable to writ jurisdiction of this
court. We do not find any public interest in the
matter as it relates to collection of Octroi along
with VAT. We therefore, dismiss the petition.
3. In our view, this petition is nothing but
an abuse of the process of the court by an
Advocate. Therefore, we impose cost of Rs.5,000/-.
while dismissing the petition. The petitioner
shall deposit the cost in this court within 2
weeks. On failure to do so, the Collector (Pune)
is directed to recover the cost as fine by
resorting to the provisions of Maharashtra Land
Revenue Code, 1966. Incase, the cost is deposited
in this court, the same may be deposited in the
District Legal Services Authority, Pune. We have
imposed cost on the lower side as the petitioner
has just joined the legal profession and in our
opinion, this would be sufficient caution to the
petitioner not to indulge in such practice in
future.
( J.N. PATEL, J )
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( K.K. TATED, J )
2 issues framed by the court
Whether the petition declaring 'Right to Life' includes Right to Efficient Governance and challenging VAT-Octroi collection discloses public interest amenable to writ jurisdiction.
Whether the petitioner's challenge to duty collection represents a private grievance rather than public interest litigation.
1 provisions across 1 enactments
Radhakrushna Keshavrao Ingole
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.
Judgements on the same questions, provisions and authorities, from every court