This PIL was not entertained as the court directed petitioners to exhaust the alternate remedy of filing a complaint under Section 7 of the Maharashtra Caste Certificate Act, 2000.
The petition stands disposed of without being entertained as a PIL.
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.
1 4-PIL-1-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.1 OF 2017
Sakharam s/o. Raghoji Azade
and ors.
..Petitioners
Vs.
The State of Maharashtra
and ors.
..Respondents
Mr.A.B.Dhongade, Advocate for petitioners
Mr.A.B.Girase, G.P. for respondent nos.1, 3 and 4
CORAM : V.M. KANADE AND
SANGITRAO S. PATIL, JJ.
DATE : JANUARY 06, 2017
PER COURT :
Heard.
2.The petitioners have alternate remedy of
filing complaint under Section 7 of the
Maharashtra Scheduled Caste, Scheduled Tribes, De-
notified Tribes (Vimukta Jatis), Nomadic Tribes,
Other Backward Classes and Special Backward
Category (Regulation of Issuance and Verification
of) Caste Certificate Act, 2000.
2 4-PIL-1-17.odt
3.We are, therefore, not inclined to
entertain the petition as a Public Interest
Litigation. Reserving the right of the petitioners
to approach and exhaust the alternate remedy, the
petition stands disposed of.
[SANGITRAO S. PATIL, J.] [V.M. KANADE, J.]
kbp
1 issue framed by the court
Whether the petition should be entertained as Public Interest Litigation when an alternate remedy exists under the Caste Certificate Act, 2000.
1 provisions across 1 enactments
Sakharam s/o. Raghoji Azade and ors.
The State of Maharashtra and ors.
V.M. Kanade
Sangitrao S. Patil
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