The Court dismissed a writ petition seeking mandamus against three individual respondents as a writ does not lie against them, though the petitioner's substantive remedies remain open.
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.
wp6494
1
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
WRIT PETITION NO.6494 OF 2014
Baliram Gopal Katkari
vs.
The State of Maharashtra
through Government Pleader
and others
...Petitioner
...Respondents
Mr.Baliram Gopal Katkari petitioner in person
None for the respondent
CORAM : A.S.OKA, &
G.S.KULKARNI, JJ.
DATE : SEPTEMBER 17,2014
P.C.:
1In the morning session, none appeared for the
petitioner. On second call at the end of the day,
none appeared for the petitioner. We have perused
the prayers made in this petition. The petitioner
has sought a writ of mandamus against the three
individuals who are impleaded as party respondent
Nos.3,4 and 5. This petition under Article 226 of
the Constitution of India for issuing a writ of
mandamus against the said respondents cannot be
entertained. We, accordingly, dispose of the
petition. Hence, petition is rejected.
2However, we keep the remedies of the petitioner
open.
2 wp6494
3At this stage, the petitioner appears in person
and submits that his Advocate is busy in the
Sessions Court. As we have held that a writ will
not lie against the respondent Nos.3 to 5, there is
no question of restoring the petition. If the
Advocate for the petitioner wants to satisfy this
Court that a writ of mandamus can be issued against
the said respondents, he is free to file appropriate
Civil Application for appropriate relief.
1 issue framed by the court
Whether a writ of mandamus lies against the individual respondents impleaded as Nos.3, 4 and 5.
1 provisions across 1 enactments
Baliram Gopal Katkari
The State of Maharashtra
A.S. Oka
G.S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court