In PIL 59 of 2015, the petitioner sought a writ for constructing a sub-way. The Court held the petition cannot be entertained as the petitioner failed to approach authorities first. A representation was allowed.
Liberty granted to Petitioner to make an appropriate representation to Respondents.
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.
pil-59.15
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pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.59 OF 2015
Bombay Lawyers Association … Petitioner Versus State of Maharashtra and Ors. … Respondents
Mr. S.Y. Sharma i/by Abdi & Co. for the Petitioner. Smt. P.H. Kantharia, Government Pleader a/w Mr. B.B. Sharma, AGP for the Respondent Nos.1 to 3 - State.
CORAM : A.S. OKA & G.S. PATEL, JJ.
P.C.
only substantive prayer made in this Petition is prayer clause (a) which read thus :-
1 of 2
2 pil-59.15
a demand for justice, this Petition under Article 226 of the Constitution
of India has been filed which cannot be entertained.
(G.S. PATEL, J ) (A.S. OKA, J )
2 of 2
1 issue framed by the court
Whether the petition under Article 226 can be entertained without prior exhaustion of remedies by making a demand to concerned authorities.
Bombay Lawyers Association
State of Maharashtra
A.S. OKA
G.S. PATEL
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
