Bench held Public Interest Litigation No.9 of 2010 does not survive due to death of sole petitioner. Chamber Summons No.216 of 2013 dismissed for non-prosecution.
PIL No.9 of 2010 held not to survive; Chamber Summons No.216 of 2013 dismissed for non-prosecution.
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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Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.9 OF 2010
Mr. Bhimraj Deepchand Kothari ..Petitioner Vs.
State of Maharashtra & Ors. .Respondents
WITH
CHAMBER SUMMIONS NO.216 OF 2013
None for the Petitioner. Mr. G.W. Mattos, AGP for Respondents.
CORAM: A.S. OKA & A.S. GADKARI, JJ. DATE : 15th December 2014. P.C.
1 We have perused the order dated 7th October 2014 passed in
Chamber Summons No.216 of 2013. As per order dated 7th October 2014,
time was granted to the Applicant in the Chamber Summons to file a additional affidavit in support of the Chamber Summons for the purposes of satisfying the Court that he can maintain a Public Interest Litigation.
2 On 10th December 2014 when the petition was called out, none appeared for the Applicant in the Chamber Summons. As noted earlier, the Petitioner in the PIL is already dead. Today, when the petition is called out, none appeared for the Applicant in the Chamber Summons. We find that
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the additional affidavit permitted to be filed in terms of the order dated 7th
October 2014 has not been filed, and therefore, the conditional order
passed on 7th October 2014 has become operative.
no more;
(ii) Chamber Summons No.216 of 2013 is dismissed for non-
prosecution.
(A.S. GADKARI, J.) (A.S. OKA, J.)
1 issue framed by the court
Whether the public interest litigation survives after the death of the sole petitioner.
Mr. Bhimraj Deepchand Kothari
State of Maharashtra
A.S. OKA
A.S. GADKARI
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
