Criminal Inquiry into Writ jurisdiction where toll recovery discontinued. Determined that petition dispose without costs and liberty approached again if toll recovery resumed.
Petition disposed without costs. Liberty reserved to approach again if recovery of toll starts from the same center.
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G.A.Ghule [P.A.]
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wp 2498.09.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD. CIVIL APPELLATE JURISDICTION.
Writ Petition No.2498 Of 2009.
Santosh Padmaji Jain :: Petitioner.
V e r s u s
The State of Maharashtra & Ors. :: Respondents.
Appearance =>
Mr. G.N. Chincholkar, Advocate for the Petitioner.
Mrs. A.V. Gondhalekar, A.G.P. for the State of Maharashtra.
Mr. A.S. Bajaj, Advocate for Respondent No.4.
CORAM : B.P. Dharmadhikari & A.M. Badar, JJ. DATE : 10th November, 2014.
Per Court :-
Heard Mr. G.N. Chincholkar, learned counsel for the Petitioner, Mrs. A.V. Gondhalekar, learned A.G.P. for the State and Mr. A.S. Bajaj, learned counsel for Respondent No.4.
[2] Mr. Bajaj, learned counsel appearing for Resp.No.4 states that, recovery of toll tax is already discontinued and, as such, grievance made in the Writ Petition, no more survives.
[3] Mr. G.N. Chincholkar, learned counsel for the Petitioner submits that, prayer in the Writ Petition is to direct Respondent No.4 to relocate the toll booth and, as such, it does not become infructuous.
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[4] As the recovery of toll tax itself is stopped, existence of toll booth by itself is not sufficient to cloth the petitioner with any cause of action. With liberty to the petitioner to approach again, if recovery of toll is started from the same center, Petition is disposed of. No costs,
(A.M. BADAR, J.) (B.P. DHARMADHIKARI, J.)
2 issues framed by the court
Whether the writ petition survives given the discontinuance of toll tax recovery.
Whether the petitioner has a continuing cause of action to direct relocation of the toll booth despite treaty stopped toll recovery.
Santosh Padmaji Jain
State of Maharashtra
Respondent No.4
B.P. Dharmadhikari
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
