This bench rejected the public interest litigation for non-exhaustion of alternative remedy as no representation was filed before the concerned authority. The companion civil application was dismissed as it did not survive the rejection of the main PIL.
The PIL was rejected and the civil application was 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.
pil152
1
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.152 OF 2009
WITH CIVIL APPLICTION NO.77 OF 2009
Gurdino Jiwatram Kukreja
vs.
State of Maharashtra & Ors.
...Petitioner
...Respondents
Mr.Gunjan Shah i/b S.K.Srivastav & Co.for the
Petitioner and for the applicant in CA No.77/2009
Mr.V.S.Gokhale, AGP for respondent Nos.1 to 3
CORAM : A.S.OKA, &
A.S.CHANDURKAR, JJ.
DATE : JUNE 23,2014
P.C.:
1Heard the learned counsel for the petitioner.
Nothing is placed on record to show that before
filing of this petition, the petitioner had
approached by way of a representation to the
concerned Authority for redressal of his alleged
grievances. Though the petition is numbered as a
PIL, it is governed by all the rules governing a
petition under Article 226 of the Constitution of
India save and except the rules regarding the locus.
Before seeking a writ of mandamus, the petitioner
has not approached the appropriate authority by
submitting a representation. Therefore, we decline
to entertain this PIL. The PIL is rejected.
2However, it will be open for the petitioner to
make a representation to the appropriate authority.
pil152
2
3In view of the order passed in the main PIL,
Civil Application No.77 of 2009 does not survive and
the same is rejected.
(A.S.CHANDURKAR,J.)
(A.S.OKA,J.)
2 issues framed by the court
Whether a public interest litigation can be entertained before the petitioner approaches the concerned authority with a representation.
Whether the companion civil application survives the rejection of the main PIL.
1 provisions across 1 enactments
Gurdino Jiwatram Kukreja
State of Maharashtra & Ors.
A.S. Oka
A.S. Chandurkar
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