Petitioner sought a writ directing civil courts to decide specific relief suits declaring missing persons as per Specific Relief Act and Evidence Act, and to quash a trial court order. The court held prayer (b) was infructuous and prayer (a) could not be granted in PIL, dismissing the petition.
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.
PILL. 9331-15 Corrected order
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (St.) No. 9331 OF 2015
Bhavika A. Solanki … Petitioner Vs. State of Maharashtra … Respondents
Mr. Leo Ronald Castelino, for the Petitioner.
Mr. C. P. Yadav, AGP for the Respondent - State.
CORAM : V. M. KANADE, & M. S. SONAK, JJ. DATE : JUNE 28, 2016
PC.
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PILL. 9331-15 Corrected order
organizations, entities as party Defendant except the State and adjudicate the same in accordance with law;
for the Petitioner submits that petition has become infructuous. So far as prayer clause (a) is concerned, such a direction / relief, as prayed, cannot be given / granted while exercising our writ jurisdiction under Article 226 and 227 of the Constitution of India. Public interest litigation is, therefore, dismissed.
[M. S. SONAK, J.] [V. M. KANADE, J.]
Vinayak Halemath
Note : In view of order dated 14th December, 2017 passed in PIL. 95/2017 for “Speaking to the Minutes”, this order is corrected.
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2 issues framed by the court
Whether this Hon'ble Court can issue a writ of Mandamus or Certiorari under Articles 226 and 227 of the Constitution to direct civil courts to decide specific relief suits.
Whether the petition can be allowed in Public Interest Litigation given the pri judges order dated 14th December 2017 passed in PIL 95/2017 for Speaking to the Minutes this order is corrected.
4 provisions across 3 enactments
Bhavika A. Solanki
State of Maharashtra
V. M. KANADE
M. S. SONAK
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
