PIL dismissed because petitioners have personal interest in the subject matter, making it inordinate to entertain.
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 pilst-36611.18.docx
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (ST) NO.36611 OF 2018
Ramdas Hiru Mhatre & Ors. … Petitioners Vs. State of Maharashtra and Ors. … Respondents
Mr. Rajaram P. Lote for the Petitioners.
Mr. Anil Sakhare, Senior Advocate with Joel J. Carlos a/w Mr. Vinod Mahadik for the Respondent No.7 – MCGM.
Mr. R.S. Apte, Senior Advocate – Special Counsel a/w Mr. A.B. Vagyani, G.P. and Mr. Y.S. Khochare, AGP for the Respondent – State.
CORAM : A.S.OKA AND A.S. GADKARI, JJ. DATE : 22nd FEBRUARY 2019.
P.C. :
1 By administrative order dated 20th February 2019 the Hon’ble the Chief Justice has assigned this Public Interest Litigation to this Bench. Taking the averments made in the petition as correct, the petitioners have personal interest in the subject matter of PIL. Hence, at their instance, this PIL cannot be entertained. Only on this ground, we dispose of the PIL. However, this order will not prevent the petitioners from adopting appropriate remedy in accordance with law. All contentions raised in the petition are kept open.
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Ramdas Hiru Mhatre & Ors.
State of Maharashtra and Ors.
A.S. Oka
A.S. Gadkari
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
