Petitioners sought establishment of a Court of Civil Judge, Senior Division at Shevgaon. The court examined infrastructure and case pendency data. Finding insufficient cases and space, the PIL was dismissed as unmeritorious.
Public Interest Litigation disposed of as unmeritorious.
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 BENCH AT AURANGABAD
PIL PETITION NO. 54 OF 2012
DWARAKANATH S/O TRIMBAKRAO BATULE AND ANOTHER
...PETITIONERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...RESPONDENTS
Mr S.R. Choukidar, Advocate for Petitioners Mrs M.A. Deshpande, AGP for Respondent Nos. 1, 2, 4 Mr C.K. Shinde, Advocate for Respondent No. 3
CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.
DATE : 9th DECEMBER, 2019
PER COURT :
1. Heard Mr Choukidar, the learned Counsel for the
petitioners.
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fled on behalf of respondent No. 2 submitted that though there was a demand for establishment and functioning of the Court of Civil Judge, Senior Division, Shevgaon, Tal. Shevgaon, Dist. Ahmednagar, on ascertainment of the facts, it revealed that the proposal for making functional the Court of Civil Judge, Senior Division, Shevgaon, Dist. Ahmednagar cannot be considered positively at present for want of sufcient pendency of cases and non-availability of infrastructure i.e. Court building for housing the Court of Civil Judge, Senior Division.
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the Judicial Magistrate First Class. At present, there are three Courts being housed in the building, and there is no additional place for the Court of Civil Judge, Senior Division. It is also stated in the report that the establishment of Civil Judge, Senior Division consists of 27 posts. In addition to it, the separate space for Nazir Ofce and strong room. It is stated in the communication that the existing building is too insufcient to accommodate the establishment of Civil Judge, Senior Division.
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such, the number of special suits are comparatively very less. The data referred to above, is supplied on physical verifcation of the Court cases at Pathardi and Shevgaon and accordingly, the report is submitted to the Principal District Judge, Ahmednagar. As such, we see no reason for raising any dispute on this factual scenario.
[ ANIL S. KILOR ] [ PRASANNA B. VARALE ] JUDGE JUDGE
mta
1 issue framed by the court
Whether the High Court should establish a new Court of Civil Judge, Senior Division at Shevgaon based on the petitioners' demand.
Dwarkanath S/O TRIMBAKRAO BATULE
ANOTHER
STATE OF MAHARASHTRA
OTHERS
Prassanna B. Varale
Anil S. Kilor
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
