The Court refused to interfere or direct the State Government on the location of a revenue division under Sec. 4 of the Maharashtra Land Revenue Code, dismissing the PIL as it involved executive discretion not susceptible to judicial direction.
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 pil 97.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 97 OF 2016
Balaji Dhondiba Kompalwar and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Shri Anilkumar B. Dhongade, Advocate for Petitioners. Shri S. B. Yawalkar, Addl.G.P. for Respondent Nos. 1 to 3.
CORAM : S. C. DHARMADHIKARI AND MANGESH S. PATIL, JJ. DATE : 28TH JULY, 2017.
PER COURT :
. Heard both sides. Perusing affidavit in reply, we do not think that the High Court can issue writ of mandamus to take decision particularly about location of a revenue division or anything in terms of Sec. 4 of the Maharashtra Land Revenue Code. Everything that has been envisaged is within the discretion of the State Government. The discretion of the State Government cannot be directed to be exercised in a particular manner and according to the liking of the petitioners.
2 pil 97.16
public interest litigation, we are not inclined to interfere. Hence public interest litigation is dismissed.
[MANGESH S. PATIL, J.] [S. C. DHARMADHIKARI, J.]
bsb/July 17
2 issues framed by the court
Whether the High Court can issue a writ of mandamus directing the State Government to fix the location of a revenue division.
Whether a non-implemented decision adversely affects the vested rights of petitioners in this PIL.
1 provisions across 1 enactments
Balaji Dhondiba Kompalwar and others
The State of Maharashtra and others
S. C. Dharmadhikari
Mangesh 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
