The bench discharged the notice and terminated the present Public Interest Litigation. Consequently, the court disposed of the pending civil applications filed therein as infructuous.
Notice in the PIL discharged; PIL terminated; pending civil applications disposed of.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.51 of 2011
Shankar Jagannath Mishra & Ors .. Petitioners Versus Sanjay Hansraj Sethi & ors .. Respondents
WITH
CIVIL APPLICATION NO.35 OF 2013 IN
PIL NO.51 of 2011
Smrutikant Kiratkudave .. Applicant Versus 1 Sanjay Hansraj Sethi .. Petitioner 2 Shankar J. Mishra .. Respondent
WITH
CIVIL APPLICATION NO.178 OF 2011 IN
PIL NO.51 of 2011
Shankar J. Mishra & Anr .. Applicant Versus Sanjay Hansraj Sethi & Anr .. Respondents
WITH
CIVIL APPLICATION NO.179 OF 2011 IN
PIL NO.51 of 2011
Grishma Garden Co-operative Housing Society Limited .. Applicant Versus 1 Sanjay Hansraj Sethi .. Petitioner 2 Shankar J. Mishra & ors .. Respondent
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10 PIL 51-11.doc
None for the applicants/petitioners. Ms.Nisha Mehra, AGP for respondent no.7. Mr.Narula i/b M/s.Jhangiani Narula & Associates for respondent no.3.
Mr.G.S. Hegde with Ms.P.B. Bhansali i/b G.S. Hegde & Associates for respondent no.4. Mrs.S.V. Bharucha with S.I. Shah and Mr.A.D. Yadav for respondent no.6.
CORAM: PRADEEP NANDRAJOG, C.J. AND BHARATI DANGRE, J.
DATED : 13th August 2019
P.C:-
1 The case pleaded in the Public Interest Litigation is that respondent nos.1 and 2 have acquired interest in land compliance in Survey No.114 A & B admeasuring 325.28 and 384.59 sq.meters in Village Manikpur, District Thane. The reply brings out that an FIR was registered and investigation was being held. Current status of the investigation is not known to the counsel who are appearing today.
2 Be that as it may, once an FIR is registered, proceedings as per Code of Criminal Procedure requires if no offence is made out, a closure report be submitted. If an offence is made out, a charge-sheet to be submitted. Thus, further action
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pursuant to the FIR would be as per the requirements of the Criminal Procedure Code.
3 We discharge the notice issued in the PIL and terminate the proceedings therein.
4 Since the PIL has been disposed of, pending Civil Application are disposed of as infructuous.
SMT. BHARATI DANGRE, J CHIEF JUSTICE
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2 issues framed by the court
Whether the notice issued in the Public Interest Litigation should be discharged.
Whether pending civil applications in the same proceedings should be disposed of as infructuous.
1 provisions across 1 enactments
Shankar Jagannath Mishra
Sanjay Hansraj Sethi
Skrutikant Kiratkudave
Grishma Garden Co-operative Housing Society Limited
Pradeep Nandrajog
Bharati Dangre
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
