In this PIL concerning special cess recovery, the Bombay High Court dismissed the petition seeking to quash a circular revoking suspension of recovery, holding that the government is bound to implement the statute while it is on the statute books.
Rule discharged; petition dismissed.
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. 3 OF 2003
Anant Hari Padhye Gurjar & Anr. ...Petitioners
Versus
State of Maharashtra & Anr. ...Respondents
Mr. Prakash Mahadik for the Petitioners
Mr. A.H. Palkar, Assistant Government Pleader, for the Respondents.
CORAM : B ILAL NAZKI and A.R. JOSHI, JJ. DATE : JULY 29, 2009
P.C. :-
The Government had promulgated an Act, viz., the Maharashtra Education and Employment Guarantee (Cess) Act, 1962. By a Circular dated 29th March, 1985, the Government had suspended recovery of Special Cess from 1985 onwards.
dated 22nd March, 2002. The petitioners want that the Circular
revoking the earlier Circular should be quashed by this Court.
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Act has been challenged. The Government, at one point of time, decided not to make recovery under the Act, and later, revised their view, and as long as the Act is there on the statute book, it has to be implemented.
BILAL NAZKI, J.
A.R. JOSHI, J.
1 issue framed by the court
Whether the circular revoking the suspension of recovery of special cess under the Maharashtra Education and Employment Guarantee (Cess) Act, 1962 should be quashed.
Anant Hari Padhye Gurjar & Anr.
State of Maharashtra & Anr.
Bilal Nazki
A.R. Joshi
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
