Single judge bench declined to entertain a Public Interest Litigation seeking quashing of Annexure-II due to non-exhaustion of remedies. Petitioner directed to approach the appropriate authority.
PIL quashed; petitioner to make representation to appropriate authority.
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pil-76.13
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pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.76 OF 2013
Anandji Narayan Sawant … Petitioner Versus State of Maharashtra and Ors. … Respondents
Mrs. M.V. Sanglikar for the Petitioner.
Mr. Bharat Mehta, AGP for the Respondent Nos.1 and 3 – State. Mr. J.G. Reddy for the Respondent No.2.
Mr. Ashok R. Pande for the Respondent No.4.
CORAM : A.S. OKA & P. D. NAIK, JJ. DATE : 1st APRIL, 2016
P.C.
1 The learned counsel appearing for the Petitioner on instructions of the Petitioner states that now the challenge in the Petition is confined to Annexure-II. We find from the Petition that the Petitioner has never made any grievance about any illegality associated with Annexure-II before the authority which is empowered to finalize Annexure-II. The Petitioner is seeking a writ of mandamus for quashing the Annexure-II. Before seeking a writ of mandamus, the Petitioner ought to have approached the concerned authority with his grievances.
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2 pil-76.13
The law is very well settled under the various decisions of the Apex Court. One such decision is in the case of Saraswati Industrial Syndicate Vs. Union of India 1.
2 Accordingly, at this stage, we decline to entertain this PIL. The PIL is disposed of. However, it will be open for the Petitioner to make appropriate representation to the appropriate authority pointing out the alleged illegality in the Annexure - II.
(P. D. NAIK, J ) (A.S. OKA, J )
1 1974(2) SCC 630
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1 issue framed by the court
Whether to entertain a writ petition for quashing Annexure-II when the petitioner failed to exhaust remedies by approaching the concerned authority first.
Colour shows how this judgement treated each authority
Saraswati Industrial Syndicate Vs. Union of IndiaExplained¶15
Saraswati Industrial Syndicate Vs. Union of India 1974(2) SCC 630 · Who else cites this
Anandji Narayan Sawant
State of Maharashtra
A.S. OKA
P. D. NAIK
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.
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