The High Court at Aurangabad disposed of a PIL regarding non-operationalization of a new Talathi/Mandal Office. Petitioners withdrew most prayers as the grievance was redressed and the building became operational.
The petitioners are permitted to withdraw the deposited amount of Rs. 10,000 following the disposal of the 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.
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70.17pil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.70 OF 2017
Sagar s/o Navnath Tanpure,
Age: 29 years, Occ: Agri.,
Dist. Ahmedangar & anr..PETITIONERS
VERSUS
The State of Maharashtra
Through its Principal Secretary,
Revenue Department,
Mantralaya, Mumbai 400 032 & ors..RESPONDENTS
Mr Ketan D. Pote, Advocate h/f Mr Arvind G.
Ambetkar, Advocate for petitioners;
Mrs A.V. Gondhalekar, A.G.P. for respondent/State
CORAM : PRASANNA B. VARALE
AND
MANGESH S. PATIL,JJ.
DATE : 28th NOVEMBER, 2018
ORAL ORDER :
Heard learned Counsel appearing for the
petitioners.
2.Learned Counsel appearing for the
petitioners fairly submitted that his basic
grievance raised in the petition is that though the
respondents-authorities have constructed and
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completed new Talathi/Mandal Office in land Gat No.
843/1 at Nighoj, Taluka Parner, District
Ahmednagar, office was not operational due to
certain disputes. It was then submitted that
though large sum amount was spent on the
construction of building and as the office is not
shifted in the new building from old building, the
petitioners and alike the residents of village are
put to inconvenience.
3.Learned Counsel for the petitioners then
submitted that though the petitioners made other
prayers namely prayer clauses (B) and (C) for
direction to conduct inquiry and directions to
initiate criminal action, the petitioners are not
pressing these prayers, as their basic grievance is
in respect of newly constructed building which is
in operational.
4.In response to the notice issued by this
Court, an affidavit in reply is filed on behalf of
respondent Nos. 1,3,6,7 and 8 through Mr. Ganesh
s/o Shivaji Markad, Tahsildar, Parner. In the
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affidavit in reply, it is admitted that the
building is constructed in Gat No. 843/1. Then it
also refers to position that as no other place was
available for construction of building and
thereafter land was gifted by one Shri. Somnath
Daulat Warkhede and gift deed was also executed and
on the said land, building is constructed. Then it
is also stated in the affidavit in reply at
paragraph-10 that new building constructed for
Talathi/Mandal Office is now in use and the Talathi
and Mandal Office are doing their day to day work.
It is then stated that the grievance of the
petitioners is met out.
5. Learned Counsel appearing for the petitioners also admit this factual position.
6.In view of the fact that the grievance of
the petitioners was addressed and also now
redressed and building being operational, the
purpose of the petitioners approaching this Court
is served. Accordingly, Public Interest Litigation
is disposed of.
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70.17pil
7.Learned Counsel appearing for the
petitioners, by inviting our attention to the order
dated 5th February, 2018, submitted that the petitioners have deposited an amount of Rs.10,000/(Rs. Ten thousand only) to show their bona fides and in view of the disposal of the public interest litigation, the petitioners be permitted to withdraw this amount.
8.The petitioners are permitted to withdraw
the amount deposited in this Court.
( MANGESH S. PATIL )(PRASANNA B. VARALE)
JUDGE JUDGE
Tupe
Sagar s/o Navnath Tanpure and anr.
The State of Maharashtra
Prasanna B. Varale
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