This court rejected a PIL alleging unauthorized construction, holding that disputed civil right claims over property must be decided by competent civil forums and preclude PIL treatment.
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.
P.I.L. No.110/2017
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.110 OF 2017
Uday Govindrao Gaware & anr. ... PETITIONER VERSUS
The State of Maharashtra & ors.
... RESPONDENTS
Shri A.K. Gawali, Advocate for petitioners Shri S.Y. Mahajan, A.G.P. for State Shri S.P. Urgunde, Advocate for respondent No.6 Shri V.J. Dixit, Senior Counsel with Shri V.D. Gunale, Advocate for respondent No.7
CORAM: PRASANNA B. VARALE AND MANISH PITALE, JJ.
DATED : 5th SEPTEMBER, 2018.
ORAL ORDER :
P.I.L. No.110/2017
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western side of Latur District Court between the protection wall of the Latur district and the Sub-Jail, Latur. It is submitted that, the petitioners are espousing the cause of public in general.
P.I.L. No.110/2017
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to this submission. These facts are clearly disputed facts. The parties have also approached the Civil Court for deciding the civil rights of the parties. It is only the competent judicial forum who can deal with this issue and decide the civil rights of the parties. This Court cannot undertake this exercise in a petition styled as “Public Interest Litigation”. As these are the issues which prevent us to entertain the petition as “Public Interest Litigation”, considering these facts, we are not inclined to entertain the present petition as a “Public Interest Litigation”. Accordingly, the Public Interest Litigation is dismissed.
(MANISH PITALE) JUDGE
(PRASANNA B. VARALE) JUDGE
fmp/-
1 issue framed by the court
whether the Court can determine disputed civil titles over land in a Public Interest Litigation
Uday Govindrao Gaware
The State of Maharashtra
PRASANNA B. VARALE
MANISH PITALE
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
