Petitioners challenged a proposed orphanage for street children fearing management by a convicted person. The Court held the petition was premature based on mere apprehension and dismissed it.
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WP.2859-2014
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2859 OF 2014
Mohandas Harris & Ors. .Petitioners Vs.
The State of Maharashtra & Ors. ..Respondents.
Mr. Prakash Thorat for Petitioners. Ms. Anjali Helekar for Respondent No.1. Ms. Yamuna Parekh for Respondent No.2. Ms. Sanjana Badsiwal for Respondent Nos.3 and 4.
CORAM: B.R. GAVAI &
A.S. GADKARI, JJ.
DATE : 19th March 2015.
P.C.:
1 The Petitioners have approached this Court as they have
apprehension that their dormitory for street children which is being constructed by the Respondent No.3 would be managed by the person who is convicted for the crime.
2 The Respondent No.2-Corporation filed a reply stating therein
that the building plan submitted in accordance with rules and as such the Petition is liable to be dismissed.
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WP.2859-2014
3 The learned Counsel appearing for the Respondent No.3
submits that the Respondent No.3 has got all necessary permissions for running Orphanage.
4 Merely on the basis of Petitioners' apprehension that some person who has been convicted will manage the Orphanage, would not give
a cause of action to the Petitioners to file the Petition.
5 The present Petition only premature in nature, is dismissed.
(A.S. GADKARI, J.) (B.R. GAVAI, J.)
1 issue framed by the court
Whether a petition filed based on apprehension that a convicted person will manage an orphanage is maintainable.
Mohandas Harris & Ors.
The State of Maharashtra & Ors.
B.R. GAVAI
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
