The court dismissed a Public Interest Litigation seeking removal of encroachment because the underlying civil decree was subject to a pending appeal. Consequently, the court disposed of the pending civil applications attached to the PIL.
No relief granted; PIL dismissed; pending civil applications disposed of.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
1 PUBLIC INTEREST LITIGATION NO. 91 OF 2015
WITH CA/13016/2015 IN PIL/91/2015
DATTATRAYA PANDURANG ANANTWAR VERSUS THE REGIONAL MANAGER AND OTHERS
...
Advocate for Petitioners : Mr. Katneshwarkar P.R.
Mrs. AV Gondhalekar, AGP for Respondent/State;
Mr. Dande Shrirang S., Adv. For R/2
...
CORAM : R. M. BORDE & P.R. BORA, JJ.
Dated: October 12, 2015
...
PER COURT :-
1)Heard. The holder of the property, whose alleged
encroachment is sought to be removed appears through Counsel
Mr. Mukhedkar and makes a statement that the decree passed
in RCS No.655/2006 is subjected to an appeal and the First
Appeal is pending with the Appellate forum. In this view of
the matter, no interference is called for in the Public
Interest Litigation and the same is dismissed. The pending
civil applications do not survive and the same stand
disposed of.
( P.R. BORA, J. ) ( R. M. BORDE, J. )
...
BDV
2 issues framed by the court
Whether a PIL seeking removal of encroachment can be allowed when the decree is pending appeal in a civil court.
Whether pending civil applications surviving the PIL survive dismissal of the PIL.
Dattatraya Pandurang Anantwar
The Regional Manager and Others
R. M. BORDE
P.R. BORA
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